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Opinions Sept. 12, 2012

September 12, 2012
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7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals

Dezmon Gaines v. State of Indiana
34A05-1201-CR-21
Criminal. Affirms denial of motion to suppress evidence. Indiana Code 9-19-19-4 is not void for vagueness and the officer’s search of Gaines was reasonable. Judge Crone concurs in result.

Jerry L. Kindred v. State of Indiana
28A01-1202-PC-50
Post conviction. Reverses conviction of Class A felony child molesting. Kindred was denied a fair trial based on the extensive hearsay and vouching testimony that was admitted in error. Kindred may be retried.

State of Indiana v. David Bisard
49A04-1109-CR-459
Criminal. Reverses suppression of Bisard’s blood for purposes of various DUI charges. Finds the medical assistant did draw his blood in a way that followed physician-approved protocols and the implied consent statutes indicate that blood evidence is admissible so long as it complies with the rules of evidence. Read more about the decision.

Wayne Brant v. City of Indianapolis
49A05-1201-OV-12
Local ordinance violation. Reverses finding Brant violated a local noise ordinance enforced by the city of Indianapolis regarding his four barking dogs. Concludes that the plain, ordinary and usual meaning of the term “persons” as used in the local noise ordinance necessitates that the complaints of just one neighbor are insufficient.

In the Matter of the Adoption of J.W.; T. McD. v. G.C. (NFP)
53A04-1202-AD-78
Adoption. Affirms denial of T.McD.’s objection to and motion to vacate the decree of adoption of J.W.

Ethel S. Taylor v. State of Indiana (NFP)
49A02-1201-CR-19
Criminal. Affirms conviction of Class C felony battery.

Kevin Joseph Shufford v. State of Indiana (NFP)
45A03-1202-CR-72
Criminal. Affirms sentence for two counts of Class B felony dealing in cocaine and two counts of Class D felony dealing in a substance represented to be a controlled substance.

Brad A. Fisher v. Brandy Fisher (NFP)
43A03-1202-DR-86
Domestic relation. Dismisses Brad Fisher’s appeal of the order denying his verified petition to deem judgment paid in favor of Brandy Fisher.

Robert Lee Pickens v. State of Indiana (NFP)
43A03-1112-CR-585
Criminal. Affirms conviction of Class B felony dealing in methamphetamine, finding he is a habitual offender, and 30-year sentence.

Troy E. Reik v. State of Indiana (NFP)
11A01-1203-CR-134
Criminal. Affirms order Reik pay restitution.

In Re The Paternity of E.W.; T.S. v. J.W. and V.W. (NFP)
65A05-1201-JP-23
Juvenile paternity. Affirms denial of natural father’s request to change E.W.’s name and for attorney fees, and affirms refusal to make natural father’s support obligation retroactive to his paternity filing.

Term. of Parent-Child Rel. of Cord. L., Cort. L., & Cha. L., Minor Children, and their Mother, C.H.; C.H. v. Indiana Dept. of Child Services (NFP)
02A03-1202-JT-101
Juvenile. Affirms termination of parental rights.

Aljerome Hill v. State of Indiana (NFP)
71A04-1203-CR-147
Criminal. Affirms conviction of Class D felony domestic battery.
 

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  1. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

  5. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

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