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
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.
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
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
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.
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)
Agency appeal. Affirms denial of unemployment benefits.

Brett Zagorac v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B misdemeanor battery.

Telisa Arnold v. State of Indiana (NFP)
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. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. 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.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...