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Opinions Oct. 24, 2011

October 24, 2011
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court had posted no opinions at IL deadline.


Indiana Court of Appeals
Gerald Broude v. State of Indiana
75A03-1101-CR-37
Criminal. Affirms convictions of one count of Class A and one count of Class C felony child molesting, holding sufficient evidence exists to support the convictions and that Broude had adequate time to prepare for victim’s closed-circuit testimony. Reverses one count of Class A felony child molesting, holding that a material variance existed between the charging information and evidence presented at trial. Remands to the trial court to vacate that conviction.

Christopher Allen Buchanan v. State of Indiana
82A01-1103-CR-139
Criminal. Affirms sentence for Class B felony child molesting, holding that trial court did not err in calculating the amount of credit time to which Buchanan was entitled and did not err in finding the age of the victim as an aggravator.

State of Indiana v. Skylor Gearlds
90A02-1105-CR-433
Criminal. Reverses trial court’s dismissal of Class A misdemeanor operating a motor vehicle while suspended based on a previous violation within the past 10 years, pursuant to Indiana Code 9-24-19-2. Holds that while the statute contains an inaccuracy, it is clear what the Legislature’s intent was in drafting the law.

Ken Gunn v. State of Indiana
49A02-1102-CR-82
Criminal. Reverses charge of Class A misdemeanor carrying a handgun without a license, holding the evidence was obtained as the result of an unlawful traffic stop.

Steven Nowling v. State of Indiana
31A01-1010-CR-552
Criminal. Affirms conviction of Class D felony possession of methamphetamine, holding that while a third party did not expressly consent to a search of Nowling’s room, the evidence found in that search was harmless, as it was Nowling’s testimony under oath that affirmed his possession of methamphetamine.

Isaiah Wheeler v. State of Indiana (NFP)
71A03-1103-CR-109
Criminal. Affirms conviction of Class C felony carrying a handgun without a license.

In Re: The Matter of A.G. and A.M.; A.M. v. Allen County Dept. of Child Services (NFP)
02A04-1104-JC-180
Juvenile. Affirms judgment of trial court that son was a Child in Need of Services.

Mark Williams v. State of Indiana (NFP)
49A02-1101-CR-50
Criminal. Reverses trial court’s revocation of probation.

Melvin Hall v. State of Indiana (NFP)
49A05-1104-CR-190
Criminal. Affirms convictions of Class B felony robbery and Class A misdemeanor carrying a handgun without a license.

John Shelton v. Daniel Keith Hoffman, Guardian of the Estate of Molly Dattilo (NFP)
49A05-1009-CT-606
Civil tort. Affirms trial court’s default judgment against Shelton.

Term. of Parent-Child Rel. of A.W.; T.H. and D.W. v. Indiana Dept. of Child Services (NFP)
18A02-1102-JT-161
Juvenile. Affirms termination of parental rights of mother and father.

Cecil Dowell Freeman v. State of Indiana (NFP)
42A01-1102-CR-102
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle with an alcohol concentration of at least 0.15 gram of alcohol.

Ryan Grosswiler v. State of Indiana (NFP)
27A02-1103-CR-228
Criminal. Affirms convictions of three counts of Class C felony child molesting and one count of Class A misdemeanor invasion of privacy.

Jason Hough v. State of Indiana (NFP)
38A04-1102-CR-110
Criminal. Affirms convictions of Class C felony burglary and Class D felony theft.

Sajjad Quayim Rasheed v. State of Indiana (NFP)
45A03-1103-PC-131
Post conviction. Affirms denial of petition for post-conviction relief.

Zane Padgett v. State of Indiana (NFP)
49A04-1104-PC-170
Post conviction. Affirms denial of petition for post-conviction relief.

Cynthia L. Ragsdale v. State of Indiana (NFP)
10A01-1012-CR-637
Criminal. Affirms sentence for Class D felony possession of cocaine.

Jack M. Estes II v. State of Indiana (NFP)
32A01-1010-CR-576
Criminal. Dismisses appeal, holding that according to the Indiana Supreme Court, a sanction imposed when probation is revoked does not qualify as a sentence, and that accordingly, Estes cannot appeal his sanction.

Shammy Wingo v. State of Indiana (NFP)
27A02-1103-CR-226
Criminal. Affirms jury’s determination that Wingo committed Class A misdemeanor driving while suspended, Class A misdemeanor resisting law enforcement and associated infractions.

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.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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