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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. @BryanJBrown, You are totally correct. I have no words, you nailed it.....

  2. You have not overstated the reality of the present situation. The government inquisitor in my case, who demanded that I, on the record, to choose between obedience to God's law or man's law, remains on the BLE, even an officer of the BLE, and was recently renewed in her contract for another four years. She has a long history in advancing LGBQT rights. http://www.realjock.com/article/1071 THINK WITH ME: What if a currently serving BLE officer or analogous court official (ie discplinary officer) asked an atheist to affirm the Existence, or demanded a transsexual to undergo a mental evaluation to probe his/her alleged mindcrime? That would end a career. The double standard is glaring, see the troubling question used to ban me for life from the Ind bar right here: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners (see page 8 of 21) Again, what if I had been a homosexual rights activist before law school rather than a prolife activist? A gay rights activist after law school admitted to the SCOTUS and Kansas since 1996, without discipline? A homosexual rights activist who had argued before half the federal appellate courts in the country? I am pretty certain that had I been that LGBQT activist, and not a pro-life activist, my passing of the Indiana bar exam would have rendered me an Indiana attorney .... rather than forever banished. So yes, there is a glaring double standard. And some are even beyond the reach of constitutional and statutory protections. I was.

  3. Historically speaking pagans devalue children and worship animals. How close are we? Consider the ruling above plus today's tidbit from the politically correct high Court: http://indianacourts.us/times/2016/12/are-you-asking-the-right-questions-intimate-partner-violence-and-pet-abuse/

  4. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  5. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

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