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Opinions Oct. 21, 2010

October 21, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Brenda Moore v. State of Indiana
49A04-1001-CR-46
Criminal. Reverses conviction of Class B misdemeanor public intoxication. Under the circumstances, Moore was not in a public place and therefore the evidence is insufficient to support a conviction of public intoxication. Judge Vaidik dissents.

Kelly A. Fisher v. Estate of Robert Fisher, et al.
48A02-1002-EU-197
Estate. Reverses judgment in favor of the personal representatives of the Estate of Robert Fisher. The refund of the premium paid for an annuity, which Robert Fisher purchased in the name of the family limited partnership and later re-titled in his name, is the property of the family limited partnership. Orders the annuity premium refund to be deposited with the Fisher Family Limited Partnership.

Hamrick's Diesel Service & Trailer Repair, LLC v. City of Evansville, by and through its Board of Public Works
82A01-1003-PL-109
Civil plenary. Affirms summary judgment for the City of Evansville and dismissal of Hamrick’s case. Since Hamrick had no right to have its bid considered it cannot sustain a legal claim to have been deprived of a contractual right for which it is entitled to damages from the city.

Term. of Parent-Child Rel. of K.G.; A.G. v. Allen County D.C.S. (NFP)

02A03-1003-JT-341
Juvenile. Affirms termination of parental rights.

William Howard v. State of Indiana (NFP)
49A02-1002-CR-201
Criminal. Affirms conviction of Class C felony burglary.

Gary Parsons v. State of Indiana (NFP)
82A04-1003-PC-196
Post conviction. Affirms denial of petition for post-conviction relief.

Joseph C. Bannon v. State of Indiana (NFP)
29A05-1001-CR-120
Criminal. Affirms sentence following guilty plea to Class D felony attempted obstruction of justice and Class C felony reckless homicide.

Douglas Griffith v. State of Indiana (NFP)
49A02-1003-CR-342
Criminal. Affirms convictions of domestic battery as a Class D felony and battery as a Class A misdemeanor.

Kristina Byers-Escobedo v. State of Indiana (NFP)
71A05-1003-CR-208
Criminal. Affirms conviction of and sentence for Class A felony neglect of a dependent.

Stacy Price v. State of Indiana (NFP)
34A02-1004-CR-366
Criminal. Affirms conviction of Class A felony dealing in cocaine.

J.H. v. Review Board (NFP)
93A02-1005-EX-607
Civil. Affirms the dismissal of J.H.’s appeal before the Review Board of the Indiana Department of Workforce Development.

James Merket v. State of Indiana (NFP)
49A02-1003-CR-331
Criminal. Dismisses appeal of conviction of impersonation of a public servant as a Class D felony since Merket is now deceased.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  2. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

  3. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  4. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  5. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

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