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Opinions May 27, 2014

May 27, 2014
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Indiana Court of Appeals
John Alden v. State of Indiana
30A05-1309-MI-463
Miscellaneous. Reverses denial of motion to prohibit the release of Alden’s criminal record. The trial court abused its discretion when it denied his motion on the basis that the Legislature had repealed I.C. 35-38-8-3. Remands for the trial court to consider the merits of his motion.

Richard M. Tallman v. State of Indiana, Indiana Department of Natural Resources, et al. (NFP)
51A01-1305-PL-241
Civil plenary. Affirms summary judgment in favor of the Department of Natural Resources and other state actors on Tallman’s complaint alleging that DNR officer Anthony Mann negligently injured Tallman when he arrested him.

In Re: The Paternity of A.G.P.; M.O. v. R.K.P. (NFP)
39A05-1311-JP-558
Juvenile. Affirms denial to set aside a paternity decree.

Tamara J. Shidler, surviving spouse of Michael R. Shidler v. Dennis G. Lockrey, M.D., and Sigma Medical Group, LLC, d/b/a Sigma Med Express Care, and James D. Pike, D.O., et al. (NFP)
79A05-1308-CT-410
Civil tort. Affirms jury verdict in favor of defendants on Shidler’s medical malpractice complaint.

Troy A. Bratton v. State of Indiana (NFP)
02A05-1310-CR-513
Criminal. Affirms the trial court decision that declined to find Bratton’s mental health to be a mitigating circumstance. Reverses Bratton’s sentence and the award of 67 days of credit time. Remands with instructions.

Chukwuemeka Chidebelu-Eze v. State of Indiana (NFP)
49A02-1308-CR-720
Criminal. Affirms battery convictions, one as a Class C felony and one as a Class D felony, and Eze’s sentence.

Marquise Lee v. State of Indiana (NFP)
49A02-1310-CR-869
Criminal. Affirms conviction of Class B felony attempted aggravated battery.

Dana Banks v. Evans Limestone Co. (NFP)
93A02-1307-EX-600
Agency action. Affirms denial of Dana Banks’ petition for lack of diligence, which was filed against his employer, Evans Limestone, which refused to authorize a spinal cord stimulator procedure that was recommended by three physicians.

Timothy E. Gabehart v. State of Indiana (NFP)
70A01-1401-CR-2
Criminal. Affirms denial of motion to withdraw guilty plea.

In the Matter of the Termination of the Parent-Child Relationship of L.B. and J.B., W.B. v. Indiana Department of Child Services (NFP)
73A04-1310-JT-545
Juvenile. Affirms termination of parental rights.

Breondon D. Pinkston v. State of Indiana (NFP)
02A04-1309-CR-481
Criminal. Affirms convictions of Class C felony carrying a handgun without a license and Class A misdemeanor criminal trespass.

Jackie Robson v. State of Indiana (NFP)
64A04-1309-CR-486
Criminal. Affirms sentence for Class C felony child molesting.

James E. Robinson v. State of Indiana (NFP)
12A02-1308-PC-775
Post conviction. Reverses denial of petition for post-conviction relief and remands for an evidentiary hearing.

Leonel H. Arellano v. State of Indiana (NFP)
02A03-1309-CR-373
Criminal. Affirms convictions and sentence for child molesting as a Class A felony and two counts of child molesting as Class C felonies.

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. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  2. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  3. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  4. Why do so many lawyers get away with lying in court, Jamie Yoak?

  5. Future generations will be amazed that we prosecuted people for possessing a harmless plant. The New York Times came out in favor of legalization in Saturday's edition of the newspaper.

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