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Opinions Nov. 12, 2013

November 12, 2013
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Indiana Court of Appeals
James Edward Banks, Jr. v. State of Indiana (NFP)
82A01-1301-CR-38
Criminal. Affirms denial of Banks’ motion to correct erroneous sentence.

Bill R. Clark v. State of Indiana (NFP)
20A03-1304-CR-160
Criminal. Affirms trial court’s order for Clark to pay restitution. Clark argued the court did not inquire about his ability to reimburse the state and his landlord for costs associated with cleaning up his meth lab. The COA rules the presentence investigation report indicated Clark would be able to pay and Clark told the trial court he had the means to pay.  

Matthew Townsend v. Lyvonda Townsend (NFP)
31A04-1303-DR-133
Domestic relation. Affirms trial court’s decision to award sole legal and primary physical custody Townsend’s son, E.T., to the boy’s mother.

Derek Lee Morris v. State of Indiana (NFP)
49A02-1304-CR-367
Criminal. Affirms denial of Morris’ petition for educational credit time.

John R. Tyrrell v. State of Indiana (NFP)
29A02-1301-PC-11
Post conviction. Affirms post-conviction court’s denial of Tyrrell’s petition for post-conviction relief.

Larry Harris v. State of Indiana (NFP)
49A04-1211-CR-584
Criminal. Affirms 45-year sentence for one county of Class A felony child molesting.

Mitchell A. Barnes v. State of Indiana (NFP)
84A01-1304-CR-281
Criminal. Affirms aggregated nine-year sentence in exchange for pleading guilty to three counts of Class D felony theft.

The Indiana Supreme Court and Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
 

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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