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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. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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