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Opinions Aug. 17, 2010

August 17, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Cullen Davis Walker v. State of Indiana
71A03-1003-CR-115
Criminal. Affirms Walker’s convictions of burglary, robbery, criminal confinement – all as Class B felonies, and possession of cocaine as a Class C felony. Also affirms his sentence of 56 years. Walker argued his burglary and criminal confinement convictions should be vacated pursuant to the continuing crime doctrine because his offenses were all part of the same continuing crime since they occurred in a short period of time and facilitated his sole purpose of taking things from people at one house. The court ruled each offense was a distinct chargeable crime. Remands with instructions to correct clerical errors in the amended judgment and chronological case summary.

Paternity of M.B., N.B. v. J.W. (NFP)
45A03-0911-PL-536
Civil. Affirms in part, reverses in part, and remands. Rules the trial court did not abuse its discretion by sua sponte modifying the prior child-support order to reflect the mother was not providing overnight parenting time; remands for the court to adjust its order modifying the amount of support owed by mother so that it is prospective in nature only. Also rules the trial court did not abuse its discretion by failing to enforce parenting time because it used its discretionary authority to threaten M.B. and his father with sanctions if M.B. failed to participate in parenting time. It also didn’t abuse its discretion by designating a mid-point for the mother and M.B. to meet for parenting time and by ordering mother to pay dental bills incurred because of her authorization of dental work not covered by M.B.’s insurance.

Mark Stearns v. Amy Taylor-Stearns (NFP)
45A03-0908-CV-380
Civil. Affirms order to strike husband’s motions he filed after court-ordered deadline, and dissolution court did not abuse its discretion finding in husband in contempt and imposing sanction for willful breach of settlement agreement.

In re the Guardianship of C.J.; T.J. v. K.M. (NFP)
27A02-1002-GU-150
Guardianship. Affirms grant of mother K.M.’s petition to terminate stepmother’s guardianship of son, C.J., after the father’s death.

Terry D. McClinton, Jr. v. State of Indiana (NFP)
45A04-0912-CR-712
Criminal. Affirms aggregate sentence of 28 years for two counts of Class B felony robbery and one count of Class B felony dealing in cocaine.

Breondon D. Pinkson v. State of Indiana (NFP)
02A05-1002-CR-146
Criminal. Affirms revocation of probation, noting Pinkson was properly notified.

Golden Cummings v. State of Indiana (NFP)
49A02-0912-CR-1252
Criminal. Affirms conviction of Class C felony battery.

Isidro Lopez-Ruiz v. State of Indiana (NFP)
20A04-0912-CR-707
Criminal. Affirms 48-year sentence for convictions of two counts of Class A felony dealing in cocaine.

Earl Lee Russelburg v. State of Indiana (NFP)
82A01-1002-CR-113
Criminal. Affirms denial of petition for leave to file a belated notice of appeal.

Kenneth Ramey v. State of Indiana (NFP)
49A04-1001-CR-5
Criminal. Affirms conviction of Class A felony dealing in cocaine.

Indiana Tax Court had posted no opinions at IL deadline.

 

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  1. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  2. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  3. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

  4. I would like to discuss a commercial litigation case. If you handle such cases, respond for more details.

  5. Great analysis, Elizabeth. Thank you for demonstrating that abortion leads, in logic and acceptance of practice, directly to infanticide. Women of the world unite, you have only your offspring to lose!

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