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Opinions Oct. 4, 2013

October 4, 2013
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Opinions Oct. 4, 2013

Indiana Court of Appeals
Dexter Berry v. State of Indiana (NFP)

49A04-1301-CR-34
Post conviction. Remands for recalculation of pretrial credit time applied against an executed 10-year sentence for conviction of Class B felony burglary.

Johnny Henderson v. State of Indiana (NFP)
49A02-1302-CR-178
Criminal. Affirms conviction of Class B felony attempted burglary.

Howell Contractors, Inc. and Fidelity and Deposit Company of Maryland v. Calumet Civil Contractors, Inc. (NFP)
49A05-1305-PL-232
Civil plenary. Affirms grant of summary judgment as to liability, reverses entry of summary judgment on damages and remands for proceedings.

Thomas Roberts v. State of Indiana (NFP)
49A02-1304-CR-356
Criminal. Affirms denial of motion to modify 55-year sentence for conviction of murder.

Mark Gregory v. State of Indiana (NFP)
48A02-1302-PC-198
Post-conviction. Affirms denial of post-convcition relief from a 55-year executed sentence for conviction of multiple counts of burglary and theft reimposed after a violation of probation under a previously granted sentence modification.

David Kifer v. State of Indiana (NFP)
82A05-1302-IF-53
Infraction. Affirms Class C infraction for disregarding an automatic signal.

Victor Gutierrez v. State of Indiana (NFP)
02A04-1302-CR-63
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Robert J. Fiedler and Dianne C. Fiedler v. LaGrange County Health Department (NFP)
44A03-1303-MI-107
Miscellaneous. Affirms trial court’s entry of final judgment in favor of the LaGrange County Health Department on an action to compel the department to certify a septic system was functioning satisfactorily.

Jose Contreras v. State of Indiana (NFP)
49A04-1303-CR-112
Criminal. Affirms 20-year executed sentence for conviction of Class A felony dealing in methamphetamine, Class C felony possession of narcotic drug and a firearm, and Class D felony possession of marijuana.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Friday. U.S. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Friday.

 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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