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Opinions Oct. 12, 2011

October 12, 2011
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7th Circuit Court of Appeals had posted no opinions from Indiana courts at IL deadline.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Julie Nunley, n/k/a Waldrath v. Jeremy A. Nunley
68A04-1105-DR-269
Domestic relation. Affirms that Jeremy Nunley is entitled to a reduction of his child support obligation due to the decrease in his income due to his incarceration for Class D felony nonsupport of a dependent. Declines to create an exception to the rules set forth in Clark and Lambert for individuals incarcerated for the crime of nonsupport of a dependent.

Todd A. Anderson v. Shauna Anderson
47A01-1104-DR-159
Domestic relation. Reverses denial of Todd Anderson’s request to credit against his child support obligation Social Security benefits Shauna Anderson received on behalf of their child prior to Todd’s petition to modify child support. Periodic SSD payments should be treated the same as lump-sum SSD payments and may be applied retroactively to an existing arrearage. Remands with instructions.

Jonathon D. Douglas v. State of Indiana and Indiana Family & Social Services Admin., as Assignee of the Support Rights of Mechelle (Allen) McCrory
40A01-1009-DR-466
Domestic relation. Reverses denial of Douglas’ petition to modify his child support obligation due to his incarceration for nonsupport of a dependent. Declines to create an exception to the rules set forth in Lambert and Clark. Holds that the trial court erred when it concluded that incarceration for nonsupport of a dependent child cannot amount to a change in circumstances so substantial and continuing as to make the terms of an existing child support order unreasonable. Remands for further proceedings.  

In the Matter of the Involuntary Commitment of A.M.
82A01-1101-MH-29
Mental health. Affirms involuntary commitment to a mental health facility. Sufficient evidence supports that A.M. is gravely disabled.

Paul Fonner v. State of Indiana
55A05-1104-CR-175
Criminal. Affirms convictions of Class D felony theft and Class A misdemeanor criminal trespass. The trial court’s failure to properly and clearly advise Fonner of his right to testify resulted in the loss of his ability to make that waiver knowingly and intelligently. This error did not amount to a reversible error, and there is sufficient evidence to support his convictions.

Abby Allen and Walter Moore v. Clarian Health Partners, Inc.
49A02-1011-CT-1174
Civil tort. Reverses dismissal of Allen and Moore’s complaint pursuant to Ind. Trial Rule 12(B)(6). Holds that the complaint is supported by more than 120 years of Indiana common law that a reasonable charge will be implied in a contract that does not otherwise specify a charge, and the complaint states a claim for breach of contract. Remands for further proceedings.

Robert Glispie v. State of Indiana
49A02-1102-CR-115
Criminal. Reverses conviction of Class A misdemeanor trespass. The state failed to prove an essential element of the offense.

Darik Morell, Sr. v. State of Indiana (NFP)
Criminal. Affirms conviction of and sentence for Class A felony neglect of a dependent.

Steven Howey v. State of Indiana (NFP)
34A02-1102-CR-125
Criminal. Affirms convictions of one count of Class A felony and two counts of Class B felony dealing in a schedule III controlled substance and one count of Class D felony maintaining a common nuisance.

Jerramy Martin v. State of Indiana (NFP)
49A02-1104-CR-297
Criminal. Affirms conviction of Class D felony resisting law enforcement.

Luis Gonzales v. State of Indiana (NFP)
49A04-1102-CR-73
Criminal. Affirms convictions of and sentence for 13 counts, including criminal confinement, intimidation, and sexual battery stemming from attacks of seven females. Reverses conviction of one count of Class B felony confinement and remands for further proceedings.

In the Paternity of P.B.; D.B. v. M.B. (NFP)
03A01-1012-JP-653
Juvenile. Affirms order granting father M.B. six hours of weekly unsupervised parenting time.

Julius A. Solis v. State of Indiana (NFP)
45A03-1008-CR-419
Criminal. Affirms conviction of and sentence for Class A felony voluntary manslaughter.

Charles Ford v. Indiana Dept. of Correction, et al. (NFP)
46A04-1103-CT-115
Civil tort. Affirms dismissal of tort complaint.

In the Paternity of A.G.L.; N.H. v. M.M. (NFP)
64A03-1103-JP-124
Juvenile. Affirms denial of motion to correct error challenging a child support order.

In the Matter of the Commitment of P.S.; P.S. v. Richard L. Roudebush Veterans Affairs Medical Center (NFP)
49A02-1107-MH-651
Mental health. Affirms involuntary commitment to mental health facility.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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