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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. "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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