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Opinions May 30, 2013

May 30, 2013
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7th Circuit Court of Appeals
United States of America v. Daniel L. Delaney
12-2849
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge Jane Magnus-Stinson.
Criminal. Delaney’s argument that no reasonable juror could have failed to find that he acted in the heat of passion when he killed his cellmate fails because there was considerable evidence of forethought, much of it emanating from the defendant’s own statements. Judge Bauer concurs.

Indiana Court of Appeals
In the Matter of the Parent-Child Rel. of: B.H. & B.H., and T.H. v. The Indiana Dept. of Child Services
52A02-1210-JT-849
Juvenile. Affirms termination of parental rights. Holds the social worker who testified about a parenting assessment called Child Abuse Potential Inventory was able to testify as an expert witness in this case based on Ind. Evidence Rule 702. Concludes that CAPI is based on reliable principles and therefore the trial court did not err by allowing testimony about mother T.H.’s CAPI results.

Jeffrey Embrey v. State of Indiana
82A01-1211-CR-494
Criminal. Affirms conviction of Class C felony neglect of a dependent. The trial court acted within its discretion in admitting certain evidence under the business records exception to the hearsay rule, and the evidence is sufficient to sustain Embrey’s conviction.

Dean Eric Blanck v. State of Indiana
47A01-1209-CR-424
Criminal. Affirms denial of petitions for permission to file a belated notice of appeal and for appointment of appellate counsel. Because Blanck is ineligible to bring a belated appeal under Post-Conviction Rule 2, the trial court properly denied his petition to appoint counsel for that purpose.

Joshua Lindsey v. Adam Neher
08A04-1211-MI-575
Miscellaneous. Reverses denial of Lindsey’s motion to rescind a tax deed issued to Neher. The tax deed at issue was invalid and the judgment void as a matter of law, so Lindsey is entitled to be allowed to tender his redemption payment. Remands for an order that the Carroll County auditor accept redemption funds from Lindsey.

United Farm Family Mutual Insurance Co. v. Indiana Insurance Co. and Royal Crown Bottling Corp. (NFP)
49A02-1211-PL-914
Civil plenary. Affirms summary judgment in favor of Indiana Insurance Co. and Royal Crown Bottling Corp. on whose auto insurance should cover damage from an accident a spouse was involved in with a company car.

Michael Toney v. State of Indiana (NFP)
79A04-1209-CR-471
Criminal. Affirms convictions of Class A felony dealing in methamphetamine and Class B felony possession of a firearm by a serious violent felon, but reverses sentence because the trial court abused its discretion in ordering the habitual offender enhancement be served consecutive to the two counts. Remands for resentencing.

Aaron Wiegand v. State of Indiana (NFP)
02A04-1210-CR-502
Criminal. Affirms denial of petition to withdraw guilty pleas for unlawful possession of a firearm by a serious violent felon as a Class B felony and criminal recklessness as a Class C felony.

Kristi Gates v. State of Indiana (NFP)
87A01-1210-CR-484
Criminal. Affirms denial of motion to suppress evidence obtained upon the execution of two search warrants.

Brian T. Martin v. State of Indiana (NFP)
71A03-1210-CR-446
Criminal. Affirms conviction of Class C misdemeanor operating while intoxicated, which was the underlying conviction for Martin’s Class D felony OWI conviction.

In Re: The Marriage of Kenneth G. Haynie, Jr. v. Teresa H. Haynie (NFP)
82A01-1206-DR-265
Domestic relation. Affirms court’s decision to set aside to wife assets that she had inherited. Reverses in part dissolution decree because it and an order on motion to correct error do not correspond with a substantially equal division of the remaining assets. The husband is entitled to an order for the transfer of assets actually allocated to him by the dissolution court in its division of marital assets.

James King v. State of Indiana (NFP)
49A02-1210-CR-858
Criminal. Affirms denial of petition for permission to file a belated notice of appeal.

Michael and Brenda Gralia v. Butler Garden Center (NFP)
67A01-1301-CT-26
Civil tort. Reverses trial court order granting Butler’s motion to dismiss a breach of contract claim and remands for further proceedings.

Russell Grady v. State of Indiana (NFP)

49A02-1210-CR-854
Criminal. Affirms conviction of Class A misdemeanor battery.

The Indiana Supreme Court and Tax Court posted no 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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