ILNews

Opinions Oct. 14, 2011

October 14, 2011
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7th Circuit Court of Appeals had posted no opinions at IL deadline.

Indiana Supreme Court had posted no opinions at IL deadline.


Indiana Court of Appeals
Cedric Tharpe v. State of Indiana
49A04-1101-CR-24
Criminal. Affirms conviction of Class A felony attempted murder. Tharpe didn’t show the judge who presided over his case was biased or prejudiced, nor did he demonstrate his trial was unfair. The trial court didn’t abuse its discretion in denying his motion for continuance and there is sufficient evidence to support his conviction.

Nathan Allyn Richardson v. State of Indiana (NFP)
48A05-1012-CR-757
Criminal. Affirms imposition of three-year executed sentence following revocation of probation.

Amber Easton v. State of Indiana (NFP)
49A02-1103-CR-214
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Matthew Spoonemore v. State of Indiana (NFP)
18A05-1102-CR-64
Criminal. Affirms order that Spoonemore pay Indiana Ticket Company $29,700 in restitution. Remands for the trial court to determine whether it wishes to exercise its discretion and enter judgment as a Class A misdemeanor instead of a Class D felony for theft.

In the Matter of the Term. of the Parent-Child Rel. of: D.Y., and D.H. v. The Indiana Dept. of Child Svcs. and Child Advocates, Inc. (NFP)
49A04-1102-JT-107
Juvenile. Affirms termination of parental rights.

In the Matter of the Term. of the Parent-Child Rel. of H.G.; M.G. and D.G. v. Indiana Dept. of Child Svcs. (NFP)
82A04-1011-JT-730
Juvenile. Affirms termination of parental rights.

T.C. v. State of Indiana (NFP)
49A02-1102-JV-231
Juvenile. Affirms finding of delinquency.

Eugene M. Gray Trust, A-1 Vacuum, Northwest Optical, and Marion County, Indiana v. State of Indiana (NFP)
49A02-1011-PL-1329
Civil plenary. Affirms decision regarding the amount of interest due to the trust as part of an eminent domain action.

Gordon Northrup, Jr. v. State of Indiana (NFP)
79A02-1103-PC-272
Post conviction. Affirms post-conviction court’s denial of petition for post-conviction relief.

Brian Loveall v. Susan (Loveall) Kelly (NFP)
23A01-1102-DR-47
Domestic relation. Affirms grant of mother’s petition for modification of child support.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. 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.

  4. 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???

  5. 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?

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