ILNews

Opinions Oct. 27, 2011

October 27, 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
Joey Jennings v. State of Indiana
53A01-1010-CR-541
Criminal. Affirms conviction of Class B misdemeanor criminal mischief. The state presented sufficient evidence to prove that he was the person who damaged another man’s truck. Reverses his sentence of 360 days probation in addition to 180 days in prison with 150 suspended. Jennings’ term of imprisonment for the purposes of Indiana Code 35-50-3-1(b) includes not only the 30-day executed portion, but also the suspended term. The trial court sentence caused him to serve more than a year of combined imprisonment and probation, which violates the statute. Remands for the trial court to recalculate his probation, not to exceed 185 days.

Martin Montgomery v. State of Indiana (NFP)
82A01-1009-CR-484
Criminal. Affirms convictions of two counts of Class B felony criminal deviate conduct.

George Hill v. State of Indiana (NFP)
31A04-1103-PC-163
Post conviction. Affirms denial of petition for post-conviction relief.

Term. of the Parent-Child Rel. of Bn.Z. and Ba.Z.; and B.Z. and V.C. v. Indiana Dept. of Child Services (NFP)
20A03-1102-JT-93
Juvenile. Affirms involuntary termination of parental rights of mother and father.

T.H. v. State of Indiana (NFP)
93A02-1011-EX-1318
Agency appeal. Affirms decision that T.H. is ineligible for unemployment insurance benefits.

Term. of the Parent-Child Rel. of Z.Z.N., and L.O.O. v. Indiana Dept. of Child Services (NFP)
02A04-1101-JT-33
Juvenile. Affirms involuntary termination of parental rights.

Abraham Alvarez v. State of Indiana (NFP)
44A03-1104-CR-169
Criminal. Affirms order Alvarez serve his sentence in the Department of Correction.

Laveda Drew v. Jim Galloway (NFP)
82A01-1106-CT-282
Civil tort. Affirms denial of Drew’s denominated “motion for relief from order” following the denial of her information for contempt.

Ernest Davis v. State of Indiana (NFP)
49A05-1102-CR-62
Criminal. Affirms convictions of and sentence for murder and Class C felony attempted robbery.

William Hinesley, III v. State of Indiana (NFP)
55A04-1102-CR-90
Criminal. Affirms conviction of Class A felony child molesting.

Leroy Arrington v. State of Indiana (NFP)
45A04-1103-CR-132
Criminal. Affirms conviction of Class A felony dealing in cocaine.

Ted Parker v. Randall J. Bonewitz and Russell Todd Dellinger (NFP)
85A02-1103-PL-293
Civil plenary. Affirms award of damages to Bonewitz and Dellinger on their nuisance action against Parker.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. "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

  2. 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."

  3. 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.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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