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Opinions Nov. 19, 2013

November 19, 2013
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Indiana Supreme Court
Gersh Zavodnik v. Michela Rinaldi, et al
49S05-1311-CT-759
Civil tort. Reverses order of dismissal and remands to the trial court for further proceedings without prejudice to dismissal under Trial Rule 41(E) if warranted after further consideration.

Indiana Court of Appeals
Anthony Scott Bratcher v. State of Indiana 
90A02-1301-CR-3
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2013/november/11191302rrp.pdf
Criminal. Affirms 15-year executed sentence for conviction of Class B felony child molesting, finding that the sentence was not a maximum, since five years of the 20-year term was suspended to probation, and the sentence was not inappropriate. The majority also affirmed a condition of probation restricting Bratcher’s contact with children, but Judge Terry Crone dissented on that issue, finding the condition was unconstitutionally vague.

Fawn McDonald-Woolridge v. Jacob Woolridge (NFP)
53A01-1204-DR-593
Domestic relation. Affirms trial court’s admitting evidence and finding McDonald-Woolridge in contempt. Remands for trial court to revise order allowing the supervising agency to determine when the father’s parenting time would become unsupervised. Also remands for trial court to re-evaluate make-up parenting time and who should best pay for supervised parenting time.

Lindsey J. Barger v. State of Indiana (NFP)
32A05-1303-CR-136
Criminal. Affirms conviction for Class A misdemeanor battery.

Laray Carter v. State of Indiana (NFP)
71A03-1304-CR-127
Criminal. Affirms conviction for arson, a Class B felony, and resisting law enforcement, a Class A misdemeanor.

Morgan Govan v. State of Indiana (NFP)
02A04-1302-PC-91
Post conviction. Affirms denial of Govan’s petition for post-conviction relief.

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