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Opinions May 21, 2014

May 21, 2014
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Indiana Court of Appeals
Jacob Herron v. State of Indiana
56A03-1306-CR-210
Criminal. Reverses convictions of Class B felony burglary and Class D felony receiving stolen property. The jury may have relied on the impeachment evidence as substantive evidence in this case. Remands for retrial, if the state chooses. Judge Riley dissents in part, finding enough circumstantial evidence to convict Herron.

Tierra Rae Pierson, a Minor, Deceased, by her next friend and parent, Betina Pierson, and Betina Pierson, Individually, and Ryan Pierson, Individually v. Service America Corporation, et al.
49A02-1307-CT-561
Civil tort. Reverses summary judgment in favor of Centerplate on the Piersons’ negligence claim. Reasonable inferences to be drawn from the designated materials could permit a fact-finder to conclude that a Centerplate designee served Gaff beer while knowing him to be visibly intoxicated. Gaff later drove while intoxicated and struck and killed Tierra Rae Pierson. As Centerplate did not, based upon undisputed facts, negate an element of the negligence claim, summary judgment was improvidently granted.

Wayne Hurd v. State of Indiana
49A02-1309-CR-753
Criminal. Affirms conviction of Class B misdemeanor battery and the decision to exclude Hurd’s mother as a witness. Reverses imposition of a probation condition that Hurd not go within a nearly 2-mile radius of 38th and College in Indianapolis. Remands with instructions to vacate any pending probation violations based upon that condition. The trial court abused its discretion in imposing that condition because it was not reasonably related to his treatment and the protection of the public safety.  

Jeremy Lyn Davis v. State of Indiana (NFP)
48A02-1307-CR-670
Criminal. Affirms seven-year sentence for Class C felony battery by means of a deadly weapon.

Brice L. Webb v. State of Indiana (NFP)
71A05-1305-CR-263
Criminal. Affirms murder conviction.

Brandan L. Martin v. State of Indiana (NFP)
52A02-1311-CR-966
Criminal. Affirms four-year sentence for Class D felony possession of marijuana and Class A misdemeanor battery.

Tina Cox v. State of Indiana (NFP)
49A04-1309-CR-447
Criminal. Affirms conviction of Class D felony possession of methamphetamine.

In the Matter of: J.J., F.J., J.O., & C.O., Minor Children, and M.O., Mother v. The Indiana Department of Child Services (NFP)
06A01-1310-JC-479
Juvenile. Affirms determination that the four children are children in need of services.

The Indiana Supreme Court and 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. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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