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Opinions Sept. 24, 2010

September 24, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Subpoena to Crisis Connection, Inc., State of Indiana v. Ronald Keith Fromme
19A05-0910-CR-602
Criminal. Grants rehearing for clarification and affirms original decision outlining the threshold a defendant must make before obtaining an in camera review of records that are privileged.

B.M., Alleged to be CHINS; IDCS, and Child Advocates, Inc. v. Me.M. and P.M. (NFP)
49A04-1002-JC-96
Juvenile. Affirms determination there is insufficient evidence to prove B.M. is a child in need of services.

Term. of Parent-Child Rel. of C.V.; C.V. v. Tippecanoe County DCS (NFP)
79A02-1003-JT-794
Juvenile. Affirms termination of parental rights.

Mohamed M. Krad v. BP Products, et al. (NFP)
45A05-0912-CV-745
Civil. Affirms summary judgment in favor of BP Products and other defendants in an action for fraud and legal malpractice stemming from a real estate transaction.

Eric L. Hatcher v. State of Indiana (NFP)
30A04-1002-CR-59
Criminal. Affirms conviction of and sentence for Class D felony receiving stolen property.

Robert D. Merz v. State of Indiana (NFP)
24A05-1002-CR-173
Criminal. Affirms conviction of Class B felony robbery.

Ronald R. Lewis v. State of Indiana (NFP)
53A01-0910-CR-480
Criminal. Affirms sentence following guilty plea to Class B felony voluntary manslaughter and the refusal of the trial court to allow Lewis to withdraw his guilty plea.

Sherman E. Fuller v. State of Indiana (NFP)
20A03-1001-CR-73
Criminal. Reverses revocation of probation.

Julian D. Grady v. State of Indiana (NFP)
02A05-0912-CR-749
Criminal. Affirms convictions of two counts of Class B felony robbery.

Adam O. Brown v. State of Indiana (NFP)
25A03-1004-CR-235
Criminal. Affirms conviction of Class D felony nonsupport of a dependent child.

Richard Jandura v. Town of Schererville (NFP)
45A04-1005-PL-308
Civil plenary. Affirms entry of judgment against Jandura and in favor of the town in his complaint regarding the Town’s Board of Police Commissioners’ discipline imposed against him.  

Coy Daniels v. State of Indiana (NFP)
49A02-0912-CR-1277
Criminal. Affirms convictions of murder, Class B felony robbery, and Class C felony battery.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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