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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
49A05-1201-CR-4
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
92A03-1112-PL-542
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.
49A04-1201-PO-94
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)
11A01-1202-CT-70
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)
47A04-1204-CT-194
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)
79A02-1204-CR-312
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)
 53A05-1203-JP-179
Juvenile paternity. Affirms trial court’s denial of father’s motion for a paternity test.

 Derik Miller v. State of Indiana (NFP)
49A02-1112-CR-1152
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)
79A02-1110-CR-991
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)
48A02-1112-CR-1129
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)
49A05-1112-CR-681
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)
49A04-1202-MH-85
Mental health. Affirms trial court’s order temporarily committing J.B. at Community Hospital North.
 
Pharoah D. Newton v. State of Indiana (NFP)
82A01-1111-CR-507
Criminal. Affirms Newton’s conviction and sentence for murder.
 
T.C., Jr. v. State of Indiana (NFP)
20A04-1112-JV-679
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)
49A04-1202-CR-92
Criminal. Affirms Rapier’s conviction of battery as a Class D felony.

 

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  1. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  2. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  3. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  4. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  5. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

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