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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. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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