Opinions Sept. 21, 2012

September 21, 2012
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7th Circuit Court of Appeals did not post any Indiana opinions by IL deadline.

Indiana Supreme Court and Tax Court did not post any opinions by IL deadline.

Indiana Court of Appeals
Justin Taylor v. State of Indiana
Criminal. Affirms conviction of Class C felony failing to register as a sex offender. Rejects argument that ankle bracelet alerted authorities Taylor was living at a different address.

Janice Brandom v. Coupled Products, LLC
Civil plenary. Affirms denial of Brandom’s motion to dismiss a defamation lawsuit pursuant to the “anti-SLAPP’ statute, finding the question of whether statements were made in good faith and without malice should be decided by a jury.

A.G. v. P.G.
Order of protection. Affirms extension of P.G.’s protective order against A.G, declining to reweigh evidence.

Stephen Williams, Special Administrator of the Estate of Roscoe Petty, et al. v. Safe Auto Insurance Company (NFP)
Civil tort. Affirms summary judgment for Safe Auto on its declaratory judgment action.
The Kroger Company d/b/a Jay C. Food Store v. Deborah and David Tincher (NFP)
Civil tort. Affirms denial of Kroger’s Trial Rule 60(B) motion to set aside a default judgment in favor of the Tinchers in their person injury action against Kroger.
Keith A. White v. State of Indiana (NFP)
Criminal. Affirms denial of White’s motion to correct erroneous sentence.

In Re: The Paternity of J.T.F., Minor Child, M.A.J., II, Father v. D.H., Mother, State of Indiana (NFP)
Juvenile paternity. Affirms trial court’s denial of father’s motion for a paternity test.

 Derik Miller v. State of Indiana (NFP)
Criminal. Affirms trial court’s guilty judgment but remands for correction of the abstract of judgment to reflect Miller’s conviction of driving while suspended is an infraction.

Mathew A. Johnson v. State of Indiana (NFP)
Criminal. Affirms trial court was not obligated to sever the counts against Johnson, the jury was properly instructed and the sentence was not inappropriate.

David T. Stephanoff v. State of Indiana (NFP)
Criminal. Affirms the trial court’s order that Stephanoff serve the sentences for theft consecutive to the sentences for his two other crimes but remands for correction of scrivener’s error in the sentencing order.

Mark A. Johnson v. State of Indiana (NFP)
Criminal. Affirms Johnson’s rape conviction but based on double jeopardy principles, reverses convictions of criminal confinement and battery and remands for the trial court to correct its records accordingly.

In Re The Civil Commitment of: J.B. v. Community North Hospital Gallahue Mental Health (NFP)
Mental health. Affirms trial court’s order temporarily committing J.B. at Community Hospital North.
Pharoah D. Newton v. State of Indiana (NFP)
Criminal. Affirms Newton’s conviction and sentence for murder.
T.C., Jr. v. State of Indiana (NFP)
Juvenile. Affirms T.C.’s adjudication as a delinquent child for committing acts that would constitute child molesting if committed by an adult.
Ricky Rapier v. State of Indiana (NFP)
Criminal. Affirms Rapier’s conviction of battery as a Class D felony.



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  1. 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

  2. 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?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

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

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.