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Opinions Sept. 13, 2012

September 13, 2012
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7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court

An-Hung Yao and Yu-Ting Lin v. State of Indiana
35S02-1112-CR-704
Criminal. Cannot conclude that as a matter of law the defendants engaged in no conduct nor effected any result in Indiana that was an element of either the theft or the counterfeiting charge. The trial court did not abuse its discretion in denying sub silentio Lin’s motion to dismiss for lack of jurisdiction. The defendants’ airsoft gun is a written instrument within the meaning of the statute and therefore reverses the trial court’s dismissal of the counterfeiting charges. The trial court did not abuse its discretion in denying the defendants’ motions to dismiss the theft and corrupt business influence charges.

Indiana Court of Appeals
Cortney L. Schwartz v. Jodi S. Heeter
02A03-1109-DR-401
Domestic relation/Rehearing. Clarifies holding that Jodi Heeter waived her arguments on the motions for modification of support on appeal. She is not entitled to reconsideration of the motions by the trial court.  

Ann L. Miller and Richard A. Miller v. Glenn L. Dobbs, D.O., and Partners in Health

15A05-1108-CT-431
Civil tort. Reverses summary judgment in favor of Dr. Dobbs and Partners in Health. Where, as here, the proposed complaint was delivered or mailed by registered or certified mail to the Department of Insurance within the statute of limitations, but did not contain the filing and processing fees, and the fees were paid shortly after the plaintiffs were informed of their inadvertent failure to pay the fees, such complaints should be determined on their merits. Remands for further proceedings. Judge Brown concurs in result in a separate opinion; Judge Vaidik dissents.

Michael Patrick Knott and Andrew John Knott v. State of Indiana
28A04-1203-PL-122
Civil plenary. Affirms issuance of order of appropriation and appointment of appraisers in the state’s complaint to acquire a portion of the Knotts’ land to construct Interstate 69. The federal statutes upon which the Knotts’ objections depend do not concern the acquisition of property, but are related to collateral issues concerning the interstate project.  

In Re the Adoption of C.R.R. and S.A.R.; W.E.R. v. D.M.T. (NFP)
49A02-1201-AD-45
Adoption. Affirms order granting the petition filed by D.M.T. to adopt C.R.R. and S.A.R.

Carl S. Piatt v. State of Indiana (NFP)
73A01-1202-CR-116
Criminal. Reverses denial of motion to correct erroneous sentence and remands with instructions.

Delon Churchill v. State of Indiana (NFP)
48A02-1111-CR-1108
Criminal. Affirms admission of certain evidence and that there was no prosecutorial misconduct. Affirms Class B felony robbery. Remands with instructions the trial court vacate the four Class B felony confinement convictions and sentences. Judge Bradford dissents.

Parrin J. Garner v. State of Indiana (NFP)
20A03-1110-CR-473
Criminal. Affirms conviction and sentence for Class B felony robbery.

Clay R. Firestone v. State of Indiana (NFP)
32A01-1201-PC-32
Post conviction. Affirms denial of petition for post-conviction relief and remands with instructions to assign the habitual offender enhancement to one of Firestone’s convictions.

Indiana Tax Court posted no opinions at IL deadline.

 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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