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Opinions Sept. 30, 2010

September 30, 2010
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The following opinion was posted after IL deadline Wednesday.
Indiana Supreme Court

James A. Carr v. State of Indiana
25S04-1004-CR-219
Criminal. Reverses conviction of murder and remands for a new trial. Carr’s custodial statements, taken by police in disregard of his invocation of his right to counsel, were erroneously admitted and that error wasn’t harmless beyond a reasonable doubt.

Today’s opinions
Indiana Supreme Court posted no opinions before IL deadline.


Indiana Court of Appeals
State of Indiana v. James G. Lucas
91A05-1003-CR-247
Criminal. Reverses and remands Lucas’s motion to suppress results from a Datamaster chemical breath test in jail, following two failed portable breath tests in the field. Rules a portable breath test mouthpiece is not a foreign substance that will act to invalidate the results of a Datamaster.

In Re: The General Power of Attorney of Xenia S. Miller, et al. v. William Irwin Miller and Sarla Kalsi
03A01-0912-CV-586
Civil. Affirms the trial court in most of its findings: that it properly accepted the accountings, released the attorneys-in-fact from all liability, and declined Hugh Miller’s attorney-fee request. Concludes the attorneys-in-fact are not entitled to their attorney fees, and reverses the judgment to that extent only.
 
Cincinnati Insurance Co. v. Anita G. Adkins and Wayne Adkins
29A02-0912-CV-1270
Civil. Reverses trial court’s grant of summary judgment for Anita and Wayne Adkins. Cincinnati argues the trial court erred in determining Adkins did not breach the terms of her insurance policy when she settled with a tortfeasor without notice to or consent of Cincinnati.
 
Joshua Konopasek v. State of Indiana
25A03-1003-CR-155
Criminal. Affirms conviction of battery causing serious bodily injury, a Class C felony. Rules that while evidence about Konopasek’s criminal record should not have been admitted, any error was harmless, and the state’s evidence was sufficient to prove battery and disprove Konopasek’s claim of self-defense.
 
William Long v. State of Indiana
41A04-0912-CR-743
Criminal. Affirms conviction of Class D felony theft.
 
Anthony E. Neukam v. State of Indiana
16A01-1002-CR-50
Criminal. Affirms convictions of Class C felony battery resulting in serious bodily injury and Class D felony criminal mischief. Rules witness’s pre-trial identification of Neukam was not impermissibly suggestive and that there was sufficient evidence to support the convictions.

Thomas Williams and Sanford Kelsey v. Kelly Eugene Tharp and Papa John’s U.S.A., Inc.
29A02-1003-CT-283
Civil. Reverses and remands trial court’s denial of appellants‘ motion for relief from judgment. Concludes that the injustice suffered by appellants far outweighs any interests that appellees and society might have in the finality of litigation.
 
Leon Williams v. State of Indiana (NFP)
49A02-1003-CR-306
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
 
Daniel R. Fuquay, Sr. v. State of Indiana (NFP)
82A01-0906-PC-270
Post-conviction. Reverses and remands denial of post-conviction motion to set aside guilty plea to Class D felony possession of cocaine on grounds that the plea was involuntary and that he was denied the effective assistance of counsel.
 
Joseph M. Shortridge v. Alice Shortridge (NFP)
55A01-0912-CV-595
Civil. Affirms ex parte protective order Alice Shortridge obtained while Alice and Joseph Shortridge were in the process of dissolving their marriage.
 
Chad Delphia v. State of Indiana (NFP)
48A02-1002-CR-149
Criminal. Affirms revocation of probation and trial court’s decision to terminate Delphia’s in-house detention.
 
Bonnie Elaine Rock v. Easterday Construction Co., Inc. (NFP)
50A03-0911-CV-534
Civil. Affirms judgment awarding damages to Easterday Construction Co., Inc. and trial court’s determination that a contract existed between the parties.
 
Marc Stults v. State of Indiana (NFP)
48A02-0902-PC-166
Post-conviction. Affirms denial of petition for post-conviction relief.
 
Karl J. Griffin v. State of Indiana (NFP)
79A04-1002-CR-154
Criminal. Affirms sentence for Class A felony attempted child molesting.

Robert Hrezo, et al. v. City of Lawrenceburg, et al.
15A01-0907-CV-338
Civil. Affirms trial court’s grant of the city’s motion for summary judgment on Hrezo’s breach-of-contract claim, and reverses the trial court’s denial of the city’s motion for summary judgment on Hrezo’s promissory estoppel claim.
 
Carmelita Woods v. State of Indiana (NFP)
49A02-1002-CR-387
Criminal. Affirms convictions of battery and criminal trespass, both as Class A misdemeanors.
 
Craig Britt v. State of Indiana (NFP)
37A04-1001-CR-86
Criminal. Affirms conviction of Class B battery.
 
T.K. v. Indiana Dept. of Workforce Development, Unemployment Insurance Review Board, and Tippecanoe County (NFP)
93A02-1003-EX-404
Civil. Affirms Indiana Department of Workforce Development Unemployment Insurance Review Board’s denial of unemployment benefits.
 
Jennifer Bealmear v. State of Indiana (NFP)
84A01-1003-CR-101
Criminal. Affirms sentence for Class C felony battery by means of a deadly weapon.
 
Calcar Quarries v. Dennis Bledsoe (NFP)
93A02-1004-EX-397
Civil. Affirms decision of the Worker’s Compensation Board to award Bledsoe worker’s compensation benefits and remands because Bledsoe is entitled only to the statutory 5 percent increase in his award.
 
Jacobo Sanchez-Venegas v. State of Indiana (NFP)
09A05-1001-CR-107
Criminal. Affirms trial court’s revocation of probation.
 
Shawn Davis v. State of Indiana (NFP)
49A05-1002-CR-70
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.
 
Paternity of R.W.B. IV; K.K. v. R.W.B. III (NFP)
78A01-1001-JP-79
Juvenile. Affirms trial court’s judgment granting father’s petition for custody modification.
 
The Osler Institute, Inc. v. Richard C. Miller, et al. (NFP)
84A05-1003-PL-237
Civil. Affirms trial court’s dismissal of Osler’s complaint.

Indiana Tax Court posted no opinions before IL deadline.

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  1. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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