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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. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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