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Opinions Nov. 16, 2010

November 16, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Kevin L. Hampton v. State of Indiana
84A04-1002-PC-122
Post conviction. Affirms denial of petition for post-conviction relief. There was no error in omitting the requested sentence and appellate counsel did not fail to provide effective assistance.

State of Indiana v. J.S.
49A02-1004-JV-567
Juvenile. Affirms dismissal of delinquency petition against J.S. after he was found incompetent to stand trial. Given the extensive expert reports finding J.S. incompetent, the juvenile court did not abuse its discretion in finding him incompetent to stand trial. The charges should not remain pending to see if he regains competency before he is 18 and the record reveals his family is aware of his problems and trying to help him.

Vaughn A. Reeves, Jr. v. State of Indiana
77A04-1005-CR-292
Criminal. Affirms in part denial of Reeves’ motion to dismiss 10 counts of Class C felony aiding, inducing, or causing securities fraud. Because a portion of the 10 charging informations, on their face, allege a time period outside the statute of limitations and do not allege facts sufficient to constitute an exception to the statute, the trial court should have granted, in part, Reeves’ motion to dismiss as to these dates that fell outside the statute of limitation. Remands for consideration, as set forth in Indiana Code Section 35-34-1-4(d), of whether the trial court will discharge the defendant as to specific dates or deny the discharge upon determining that the prosecutor would be entitled to cure the information by amendment.

Blake Parkins v. State of Indiana (NFP)
29A02-1002-CR-345
Criminal. Affirms conviction of criminal recklessness with the use of a motor vehicle as a Class A misdemeanor.

Christina Smith v. State of Indiana (NFP)
15A01-1003-CR-153
Criminal. Revises sentence following Smith’s guilty plea to Class C felony reckless homicide and remands for trial court to impose sentence of four years with two years suspended.

Jamarr Da-Juan Williams v. State of Indiana (NFP)
45A03-1001-CR-39
Criminal. Affirms convictions of Class A felony voluntary manslaughter, Class C felony battery, and Class C felony attempted battery.

Jane Marie Burkart v. State of Indiana (NFP)
46A03-0908-CR-385
Criminal. Affirms convictions of and sentence for five counts of Class B misdemeanor abandonment or neglect of vertebrate animals.

Kenneth W. Ellis v. State of Indiana (NFP)
25A03-1007-CR-407
Criminal. Affirms sentence following guilty plea to dealing in cocaine as a Class B felony.

Antonio Simeone, et al. v. Schreiber Lumber, Inc., et al. (NFP)
49A02-1002-CP-177
Civil plenary. Affirms judgment in favor of Dave Beck on negligence and constructive fraud claims, partial summary judgment for Schreiber Lumber, Bova’s counterclaim for breach of contract, and that the evidence supports the trial court judgment.

Jason Montgomery v. State of Indiana (NFP)
17A04-1002-CR-95
Criminal. Affirms sentence following guilty plea to Class B felony burglary.

Michael J. Kempf v. State of Indiana (NFP)
65A01-1003-CR-134
Criminal. Affirms conviction of Class D felony operating a vehicle while an habitual traffic offender.

Raymond Hannah v. State of Indiana (NFP)
48A04-1004-CR-225
Criminal. Affirms sentence following guilty plea to Class C felony nonsupport of a dependent child.

Christopher Martin v. State of Indiana (NFP)
49A04-1003-CR-152
Criminal. Affirms sentence following conviction of Class C felony reckless homicide.

Justin Stanback v. State of Indiana (NFP)
49A05-1004-CR-251
Criminal. Reverses denial of Stanback’s request to file a belated notice of appeal and remands for further proceedings.

Cory R. Dowden v. State of Indiana (NFP)
34A02-1004-CR-562
Criminal. Affirms sentence following guilty plea to Class D felony receiving stolen property.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  2. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

  3. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  4. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  5. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

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