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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 The trial court abused its discretion when it denied his motion on the basis that the Legislature had repealed I.C. 35-38-8-3.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. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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