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Opinions May 20, 2011

May 20, 2011
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7th Circuit Court of Appeals
Digitech Computer, Inc. v. Trans-Care, Inc.
10-1525 & 10-1652
Civil. Affirms decisions on fraud and breach of contract, but vacates damages awarded and remands for a new calculation of damages and fees in accordance with opinion.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Paternity of M.W.; K.W. v. B.J.
82A05-1010-JP-639
Juvenile paternity. Reverses award of child custody to father, stating mother had been unaware a court hearing would involve custody and did not have counsel. Finds the trial court erred in denying mother’s motion for relief from judgment and remands for new hearing.

Jose Serrano-Lopez v. State of Indiana (NFP)
49A05-1005-CR-294
Criminal. Affirms conviction of one count of Class A felony rape, one count of Class A felony criminal deviate conduct, and other related charges.

Maurice A. Davis v. State of Indiana (NFP)
49A02-1008-PC-1005
Post-conviction relief petition. Affirms denial of post-conviction relief petition.

Timothy Robinson v. State of Indiana (NFP)
09A02-1007-CR-848
Criminal. Affirms the trial court’s ruling allowing the state to amend its charging information and reverses the court’s aggregate sentence of 66 years and remands for resentencing consistent with opinion.

Invol. Term. of Parent-Child Rel. of M.R. and A.M.; A.M. & B.M. v. IDCS (NFP)
79A02-1008-JT-1191
Juvenile termination of parental rights. Affirms termination of parental rights for both parents.

Donald Fulk, Jr. v. State of Indiana (NFP)
32A01-1007-CR-381
Criminal. Affirms conviction for Class B felony aggravated battery.

Justin Lee Cogswell v. State of Indiana (NFP)
29A02-1008-CR-1043
Criminal. Affirms conviction for Class A misdemeanor battery.

Indiana Tax Court had posted no opinions at IL deadline.




 

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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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