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Opinions Oct. 25, 2013

October 25, 2013
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Indiana Court of Appeals
Michael A. Lane v. State of Indiana
82A05-1212-CR-640
Criminal. Affirms convictions of murder, Class B felony conspiracy to commit dealing in a schedule II controlled substance, and two counts of Class C felony criminal recklessness. Holds an instruction on reckless homicide was not warranted and that brief testimonial hearsay evidence admitted was harmless beyond a reasonable doubt.

Nathaniel Baker v. State of Indiana
35A05-1210-CR-543
Criminal. Affirms conviction of Class D felony theft. The trial court erred in admitting the evidence of Baker’s prior bad acts but that admission was harmless.

Jason Lee Sowers v. State of Indiana
08A02-1208-CR-640
Criminal. Grants Sowers’ petition for rehearing and concludes that the evidence is sufficient to permit retrial. Judge Riley would deny the rehearing petition.

Carrie A. Krampen v. James J. Krampen
45A05-1212-DR-628
Domestic relation. Reverses grant of petition to modify child support and provide an accounting of future child support payments filed by James Krampen. There was insufficient evidence to support a finding that child support has been misappropriated, so the modification of child support on that basis was inappropriate. Remands with instructions to enter a new child support order.  Judge Kirsch dissents.

Tyrez Boyd v. State of Indiana (NFP)
49A02-1303-CR-287
Criminal. Affirms conviction of Class A misdemeanor battery.

Daniel E. Wilkins v. State of Indiana (NFP)
02A05-1303-PC-117
Post conviction. Affirms denial of petition for post-conviction relief.

Michael Grey v. State of Indiana (NFP)
49A05-1303-CR-132
Criminal. Affirms convictions of six counts each of Class A felony child molesting and Class B felony child molesting, and two counts of Class C felony child molesting.

In the Adoption of B.R.; F.R. v. J.B. and E.B. (NFP)
18A02-1302-AD-185
Adoption. Affirms order granting petition for adoption of B.R. by J.B.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. 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.

  2. 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.

  3. 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.

  4. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  5. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

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