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
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
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
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
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)
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)
Criminal. Affirms conviction of Class C felony battery.

Kevin Joseph Shufford v. State of Indiana (NFP)
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)
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)
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)
Criminal. Affirms order Reik pay restitution.

In Re The Paternity of E.W.; T.S. v. J.W. and V.W. (NFP)
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)
Juvenile. Affirms termination of parental rights.

Aljerome Hill v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony domestic battery.


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  1. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  5. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.