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Opinions Oct. 5, 2011

October 5, 2011
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7th Circuit Court of Appeals had posted no opinions at IL deadline.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
P.J. v. State of Indiana

49A05-1102-JV-121
Juvenile. Affirms restitution order following adjudication, after a guilty plea, as a delinquent child for committing what would be Class B felony burglary if committed by an adult. P.J. waived his right to have the juvenile court inquire into his ability to pay, as he has acknowledged such ability in his plea agreement.

State of Indiana v. Gordon V. Vankirk
29A02-1012-CR-1418
Criminal. Affirms trial court finding Vankirk not guilty of operating a motor vehicle while privileges are forfeited for life as a Class C felony. Entering a judgment of conviction for a Class A misdemeanor pursuant to Indiana Code 35-38-1-1.5 for an offense under I.C. 9-30-10-16 removes the lifetime forfeiture of a defendant’s driving privileges.

David Robinson v. State of Indiana
49A02-1101-CR-13
Criminal. Affirms revocation of probation. The trial court erred in admitting an affidavit prepared by a detective based on information another police officer told him regarding a domestic dispute between Robinson and his girlfriend. The state presented and the trial court found there were additional factors warranting revocation of Robinson’s probation.

Howard Steele v. State of Indiana (NFP)
49A02-1102-CR-157
Criminal. Reverses post-conviction court’s summary denial of petition for education credit time for a high school diploma earned from an unaccredited school. Remands for a hearing.

Jyshawn D. Moore v. State of Indiana (NFP)

71A03-1102-CR-115
Criminal. Affirms sentence following guilty plea to three counts of Class B felony burglary.

Myia Relphorde v. State of Indiana (NFP)
49A04-1103-CR-91
Criminal. Affirms conviction of Class C felony conspiracy to commit robbery.

Raymond Cox, Jr. v. State of Indiana (NFP)
73A04-1101-CR-116
Criminal. Affirms sentence following guilty plea to possession of marijuana as a Class D felony.

Christopher West v. Eileen Mary Flaherty (NFP)
49A04-1012-CC-747
Civil collection. Affirms denial of West’s motion to declare a California judgment void and to vacate an agreed judgment.

In Re: The Unsupervised Administration of the Estate of Ozella T. Schlosser, deceased (NFP)
30A01-1106-EU-226
Estate, unsupervised. Dismisses William Schlosser’s appeal of the denial of his petition to reopen the estate of his mother.

Daniel J. Hollen v. State of Indiana (NFP)
42A01-1105-MI-206
Miscellaneous. Affirms denial of motion to correct error.

Frederick Hampton v. State of Indiana (NFP)
49A02-1103-CR-258
Criminal. Affirms imposition of a $100 public defender fee.

Delbert R. Majors v. State of Indiana (NFP)
82A01-1012-CR-660
Criminal. Affirms sentence for Class B felony causing death when operating a motor vehicle with a schedule II controlled substance in the blood.

In Re: The Marriage of Dorothy Borgan v. Terry R. Borgan, Sr. (NFP)
49A04-1012-DR-785
Domestic relation. Reverses order as it pertains to modification of the wife’s portion of the husband’s monthly retirement payment and instructs the trial court, if necessary, to have a new qualified domestic relations order entered which reflects this decision. Affirms denial of wife’s contempt and attorney fees petition.

Term. of Parent-Child of T.S.; A.R. v. Indiana Dept. of Child Services (NFP)
71A03-1104-JT-210
Juvenile. Affirms involuntary termination of parental rights.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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