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Opinions Sept. 28, 2011

September 28, 2011
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7th Circuit Court of Appeals had posted no opinions from Indiana courts at IL deadline.

Indiana Supreme Court
Desmond Turner v. State of Indiana
49S00-0912-CR-565
Criminal. Affirms convictions of murder, criminal confinement, robbery and burglary, and the sentence of life in prison without parole for the murder convictions, plus a term of years for the other convictions. The trial court did not abuse its discretion in permitting firearms and tool mark examiner Michael Putzek’s testimony, and the admission of challenged testimony did not violate Indiana Evidence Rule 404(b). The trial court erred in admitting testimony on a statement made by Turner’s mother, but that does not require reversal.

Indiana Court of Appeals
In the Matter of T.N., Alleged to be CHINS; G.N. v. IDCS, and Child Advocates, Inc.
49A05-1101-JC-15
Juvenile. Reverses determination that T.N. is a child in need of services. The trial court violated father G.N.’s right to due process. Remands for further proceedings.

M Jewell, LLC v. Max M. Powell and Marion School Employees Federal Credit Union
27A02-1101-MI-47
Miscellaneous. Affirms denial of M Jewell LLC’s petition for an order directing the auditor of Grant County to issue a tax deed. The trial court determined that Max Powell was prejudicially misled by the incomplete information given to him by the treasurer’s office, and that determination supports the piercing of the statutory rules to prevent injustice.

In Re: Larry L. Thompson Revocable Trust; Deanna Thompson Stull v. Larry L. Thompson Revocable Trust, Derek Thompson, and Vicki Thompson Craver
54A01-1011-TR-592
Trust. Affirms judgment in favor of Larry L. Thompson Revocable Trust, Derek Thompson and Vicki Thompson Craver on Deanna Thompson Stull’s motion to correct errors and motion to amend petition in equity to conform to evidence. The trial court did not err by barring Deanna from raising the issues of her equitable claim that were implicitly decided in a prior appeal. Denies the appellees’ request for appellate attorney fees.

K.S. v. B.W.
22A05-1102-DR-79
Domestic relation. Reverses order granting ex-boyfriend B.W. visitation with K.S.’s daughter. Affirms denial of K.S.’s request for attorney fees. The trial court’s decision to grant B.W. visitation as a de facto parent was contrary to law. B.W. is not the biological father.

Robert Endris v. Review Board of the Indiana Department of Workforce Development and Fellon-McCord Associates (NFP)
9302-1101-EX-48
Agency appeal. Affirms denial of unemployment benefits.

Brett Zagorac v. State of Indiana (NFP)
64A03-1011-CR-589
Criminal. Affirms conviction of Class B misdemeanor battery.

Telisa Arnold v. State of Indiana (NFP)
49A02-1101-CR-20
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Oh my lordy Therapist Oniha of the winexbackspell@gmail.com I GOT Briggs BACK. Im so excited, It only took 2days for him to come home. bless divinity and bless god. i must be dreaming as i never thoughts he would be back to me after all this time. I am so much shock and just cant believe my eyes. thank you thank you thank you from the bottom of my heart,he always kiss and hug me now at all times,am so happy my heart is back to me with your help Therapist Oniha.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

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