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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. Two cops shot execution style in NYC. Was it first amendment protest, or was it incitement to lawlessness? Some are keeping track of the body bags: http://www.breitbart.com/big-government/2014/12/13/al-sharpton-leads-thousands-in-saturday-march-on-washington-dc/

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

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