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Opinions Nov. 30, 2011

November 30, 2011
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7th Circuit Court of Appeals had posted no opinions from Indiana courts at IL deadline.

Indiana Supreme Court
Christopher Jewell v. State of Indiana
32S04-1104-CR-200
Criminal. Affirms denial of Jewell’s motion to suppress recorded phone conversations between him and his former stepdaughter and finds his sentence is appropriate for six counts relating to child molesting, sexual misconduct with a minor, and child seduction. Holds that under the broader protections of Article 1, Section 13 of the Indiana Constitution, the right to counsel is violated only where the different offense is inextricably intertwined with the charge on which counsel is already representing the defendant.

Indiana Court of Appeals
James E. Rogers v. State of Indiana
84A01-1104-CR-148
Criminal. Affirms conviction of and sentence for Class D felony failure to register as a sex or violent offender and sentences for Class D felony theft and receiving stolen property. Rogers waived his ex post facto claim when he entered into the plea agreement. Rogers received a significant benefit from the plea agreement, and the trial court did not abuse its discretion in failing to consider the agreement as a mitigating factor.

Matthew A. Knight v. State of Indiana (NFP)
87A01-1103-CR-167
Criminal. Affirms convictions of Class D felony operating a vehicle as a habitual traffic violator and Class C infraction no license plate light.

Ronnie Sanchez v. State of Indiana (NFP)
10A01-1101-CR-26
Criminal. Affirms denial of motion to suppress.

Jonathan Yocum v. X.Y., By Next Friend, M.Y. (NFP)
49A02-1103-PO-351
Protection order. Reverses protective order against father filed by mother on behalf of their son.

Adolph Brateman, Adrienne Brateman, and Michael Brateman v. Hanning & Bean Enterprises, Inc. (NFP)
02A03-1103-PL-162
Civil plenary. Affirms entry of declaratory judgment and a preliminary injunction in favor of lessee Hanning & Bean Enterprises.

John Barrientes v. State of Indiana (NFP)
82A04-1106-CR-302
Criminal. Affirms sentence following guilty plea to seven charges related to a drunk driving motor vehicle accident that caused the death of one person and seriously injured another.

John A. Ashby v. State of Indiana (NFP)
87A04-1103-CR-113
Criminal. Affirms denial of motion to suppress evidence.

Ladell Alexander v. State of Indiana (NFP)
71A04-1101-CR-155
Criminal. Dismisses appeal of denial of motion for reduction of sentence.

Cortino Allen v. State of Indiana (NFP)
49A04-1103-CR-88
Criminal. Affirms order that Allen undergo a mental health evaluation and comply with any recommended treatment as a part of his probation.

Frank Poole, Jr. v. State of Indiana (NFP)
45A03-1101-CR-12
Criminal. Affirms sentence following guilty plea to dealing in cocaine as a Class B felony.

Andrew Wagoner v. State of Indiana (NFP)
49A05-1105-CR-254
Criminal. Affirms conviction of Class B misdemeanor battery.

L.G. v. State of Indiana (NFP)
49A02-1102-JV-181
Juvenile. Affirms adjudication as a delinquent for committing what would be burglary if committed by an adult.

Brian Eby v. Jennifer Eby (NFP)
29A02-1104-DR-318
Domestic relation. Reverses in part second amended decree of dissolution following remand from a previous appeal because the court abused its discretion in crediting Jennifer Eby for the entire amount of expenses paid during the pendency of the dissolution proceedings. Remands with instructions.

Larry W. Pflug, Rebecca K. Pflug, Michael G. Pflug, Kristi A. Pflug, Gene A. Pflug, and Gloria J. Pflug v. State of Indiana (NFP)
26A04-1104-PL-217
Civil plenary. Affirms grant of the state’s motion to strike the exceptions to the assessed value of the property as untimely.

Timothy Tingle v. State of Indiana (NFP)
49A02-1104-CR-308
Criminal. Affirms sentence following guilty plea to three counts of Class A felony dealing in cocaine, and one count each of Class D felony resisting law enforcement and Class A misdemeanor resisting law enforcement.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

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