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Opinions Nov. 2, 2012

November 2, 2012
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Indiana Court of Appeals
Joshua A. Bostic v. State of Indiana
12A02-1202-CR-154
Criminal. Affirms convictions of Cass C felony attempted battery by means of a deadly weapon and criminal recklessness; Class D felony arson; Class A misdemeanor criminal mischief; and Class B misdemeanor criminal mischief, holding that Bostic waived his right to appeal under Criminal Rule 4(C) by failing to object to trial delays before the trial court. The court also found he likewise waived his right to appeal the process for appointing a special judge. Remands to the trial court to correct the sentencing order, abstract of judgment, and chronological case summary to reflect that Bostic’s 12-year habitual offender enhancement is an enhancement to his sentence for felony criminal recklessness, and not a separate conviction.

Curtis M. Howard v. State of Indiana (NFP)
79A02-1205-CR-410
Criminal. Affirms revocation of community corrections.

Dennis Leer v. State of Indiana (NFP)
20A04-1204-PC-185
Criminal. Reverses and remands denial of a petition for post-conviction relief, ordering the trial court to correct his sentence to reflect that the sentence for murder is to be served concurrently with an earlier sentence for attempted murder.

In Re The Visitation of M.J. and J.J.: C.M. v. J.J. and I.J. (NFP)
71A03-1205-JM-220
Domestic relation. Affirms granting of visitation with her two minor children, M.J. and J.J., to the children’s paternal grandparents, Jo.J. and I.J.

Kirk Lynch v. State of Indiana (NFP)
40A05-1201-CR-26
Criminal. Affirms in a split decision a conviction for Class A felony attempted child molesting, and vacating the conviction for Class C felony child solicitation, and revises Lynch’s sentence from 40 years with five suspended to probation to 25 years imprisonment with five years suspended to probation. The majority determined the child solicitation count constituted double jeopardy. Judge Terry Crone agreed, but said Lynch’s 40-year sentence was not inappropriate based on the nature of his offense and Lynch’s character.
 
Indiana Tax Court
Carolyn Gibson v. Indiana Dept. of State Revenue (NFP)
49T10-1204-TA-20
Affirms denial of refund claim.
 

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  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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