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Opinions Oct. 20, 2010

October 20, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
J.B. v. E.B.
34A04-1002-DR-110
Domestic relation. Reverses trial court decision to exclude son’s counseling records at a custody modification hearing. The instant case is a proceeding within the purview of Indiana Code Section 31-32-11-1 and the counselor/client privilege does not apply. Remands for further proceedings.  

Charles R. Wyatt, et al. v. Thomas E. Wheeler, et al.
49A02-1006-PL-636
Civil plenary. Affirms denial of Wyatt’s petition for review of final agency action by the Indiana Election Commission and petition for preliminary injunctive and declarative relief. Affirms denial of Ellspermann’s request for attorney’s fees. The irregularity in Ellspermann’s declaration and any misconstruction of Indiana Code Section 3-8-2-7 by the IEC or the Marion Superior Court cannot justify reversal of the trial court’s denial of a preliminary injunction because it would contradict the will of the electorate and disenfranchise voters.

Keesha Johnson v. State of Indiana (NFP)
49A04-1002-CR-98
Criminal. Reverses conviction of possession of marijuana as a Class D felony.

Howard Smallwood v. State of Indiana (NFP)
71A05-1001-PC-1
Post conviction. Affirms denial of petition for post-conviction relief.

Mark A. Rode v. State of Indiana (NFP)
91A04-1005-CR-263
Criminal. Affirms conviction of Class D felony theft.

Bruce Fivecoat v. State of Indiana (NFP)
03A01-1003-CR-132
Criminal. Affirms sentence following guilty plea to two counts of Class B felony armed robbery and one count of Class B felony criminal confinement.

Adoption of K.M.A.; R.R. v. Adoptive Parents (NFP)
29A02-1003-AD-499
Adoption. Affirms adoption order granted in favor of the adoptive parents.

Antrooine A. Manning v. State of Indiana (NFP)
45A03-1002-CR-65
Criminal. Affirms convictions of and sentence for Class B felony robbery, Class D felony resisting law enforcement, and adjudication as a habitual offender.

East Valparaiso LLC v. Physicians for Women, et al. (NFP)
64A05-1004-PL-222
Civil plenary. Affirms denial of East Valparaiso’s request for injunctive relief in a dispute over a lease agreement. Remands for further proceedings consistent with the opinion regarding the parties’ remaining claims and counterclaims.

Term. of Parent-Child Rel. of A.A. and D.R.; C.A. and J.H. v. IDCS (NFP)
48A02-1003-JT-317
Juvenile. Affirms termination of parental rights.

Marlet D. Turpin v. State of Indiana (NFP)
49A02-1003-CR-285
Criminal. Affirms convictions of Class A felony and Class C felony child molesting.

Indiana Tax Court had posted no opinions at IL deadline.

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  1. Oh my lordy Therapist Oniha of the winexbackspell@gmail.com I GOT Briggs BACK. Im so excited, It only took 2days for him to come home. bless divinity and bless god. i must be dreaming as i never thoughts he would be back to me after all this time. I am so much shock and just cant believe my eyes. thank you thank you thank you from the bottom of my heart,he always kiss and hug me now at all times,am so happy my heart is back to me with your help Therapist Oniha.

  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

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