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Opinions May 2, 2013

May 2, 2013
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Indiana Supreme Court
Gerald P. VanPatten v. State of Indiana
02S03-1205-CR-251
Criminal. Vacates two convictions of child molesting, one as a Class A felony and one as a Class C felony, because a nurse’s testimony about statements made by the alleged six-year-old victim, who later recanted, should not have been admitted as substantive evidence. Affirms trial court was within its discretion to deny VanPatten’s attorneys’ motions to withdraw. Justice Massa concurs in result with a separate opinion in which Justice Rush joins. Remands for a new trial on the two counts.

Indiana Court of Appeals
Dekuita Steen v. State of Indiana
49A02-1211-CR-877
Criminal. Affirms conviction of Class D felony theft. The trial court properly admitted a loss-prevention officer’s testimony concerning security tags and store labels into evidence, and the evidence is sufficient to support the conviction.

Johann Schmidt v. State of Indiana
34A02-1207-CR-570
Criminal. Affirms denial of Schmidt’s motion to dismiss two counts of Class C felony theft filed in Howard County. The record shows the Howard County prosecutor properly filed charges against Schmidt as to the offenses committed in that county and charges out of Miami County that Schmidt was previously prosecuted on did not relate to the Howard County offenses. Remands for further proceedings.

Jason Tye Myers v. State of Indiana (NFP)
79A04-1209-PC-481
Post conviction. Affirms denial of petition for post-conviction relief.

Dywan Masterson v. State of Indiana (NFP)
02A03-1208-PC-368
Post conviction. Affirms denial of petition for post-conviction relief.

Frank T. Grannan v. State of Indiana (NFP)
79A02-1209-CR-696
Criminal. Affirms convictions of Class C misdemeanors operating while intoxicated, operating with an alcohol concentration equivalent of 0.08 but less than 0.15, and operating with a controlled substance or its metabolite in the body.

The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  2. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  3. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

  4. Duncan, It's called the RIGHT OF ASSOCIATION and in the old days people believed it did apply to contracts and employment. Then along came title vii.....that aside, I believe that I am free to work or not work for whomever I like regardless: I don't need a law to tell me I'm free. The day I really am compelled to ignore all the facts of social reality in my associations and I blithely go along with it, I'll be a slave of the state. That day is not today......... in the meantime this proposed bill would probably be violative of 18 usc sec 1981 that prohibits discrimination in contracts... a law violated regularly because who could ever really expect to enforce it along the millions of contracts made in the marketplace daily? Some of these so-called civil rights laws are unenforceable and unjust Utopian Social Engineering. Forcing people to love each other will never work.

  5. I am the father of a sweet little one-year-old named girl, who happens to have Down Syndrome. To anyone who reads this who may be considering the decision to terminate, please know that your child will absolutely light up your life as my daughter has the lives of everyone around her. There is no part of me that condones abortion of a child on the basis that he/she has or might have Down Syndrome. From an intellectual standpoint, however, I question the enforceability of this potential law. As it stands now, the bill reads in relevant part as follows: "A person may not intentionally perform or attempt to perform an abortion . . . if the person knows that the pregnant woman is seeking the abortion solely because the fetus has been diagnosed with Down syndrome or a potential diagnosis of Down syndrome." It includes similarly worded provisions abortion on "any other disability" or based on sex selection. It goes so far as to make the medical provider at least potentially liable for wrongful death. First, how does a medical provider "know" that "the pregnant woman is seeking the abortion SOLELY" because of anything? What if the woman says she just doesn't want the baby - not because of the diagnosis - she just doesn't want him/her? Further, how can the doctor be liable for wrongful death, when a Child Wrongful Death claim belongs to the parents? Is there any circumstance in which the mother's comparative fault will not exceed the doctor's alleged comparative fault, thereby barring the claim? If the State wants to discourage women from aborting their children because of a Down Syndrome diagnosis, I'm all for that. Purporting to ban it with an unenforceable law, however, is not the way to effectuate this policy.

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