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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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  4. My parents took advantage of the fact that I was homeless in 2012 and went to court and got Legal Guardianship I my 2 daughters. I am finally back on my feet and want them back, but now they want to fight me on it. I want to raise my children and have them almost all the time on the weekends. Mynparents are both almost 70 years old and they play favorites which bothers me a lot. Do I have a leg to stand on if I go to court to terminate lehal guardianship? My kids want to live with me and I want to raise them, this was supposed to be temporary, and now it is turning into a fight. Ridiculous

  5. Here's my two cents. While in Texas in 2007 I was not registered because I only had to do it for ten years. So imagine my surprise as I find myself forced to register in Texas because indiana can't get their head out of their butt long enough to realize they passed an ex post facto law in 2006. So because Indiana had me listed as a failure to register Texas said I had to do it there. Now if Indiana had done right by me all along I wouldn't need the aclu to defend my rights. But such is life.

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