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Opinions Nov. 21, 2012

November 21, 2012
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7th Circuit Court of Appeals
United States of America v. William Hagler
11-2984
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge William C. Lee.
Criminal. Affirms conviction of attempted bank robbery. Hagler argued that the government waited too long to indict him, that the evidence was insufficient to convict him, and that new DNA testing entitles him to a new trial.

Indiana Court of Appeals
Tyler A. White v. State of Indiana
90A04-1111-CR-621
Criminal. Affirms murder conviction. The probative value of the 804(b)(5) evidence outweighed the danger of the unfair prejudice to White. The Legislature’s intent in the feticide enhancement statute is clear that the state need not prove a defendant’s mens rea when seeking a sentence enhancement for feticide.

Robert D. Davis v. State of Indiana
11A01-1204-CR-251
Criminal. Affirms denial of motion to correct erroneous sentence. The trial court followed the appellate court’s order on remand as far as resentencing, and Davis did not develop a cogent argument with respect to how a 1994 amendment regarding sentencing would have affected his sentence.

Romero Leslie v. State of Indiana
49A04-1203-CR-135
Criminal. Affirms conviction of Class B felony dealing in cocaine. Leslie hasn’t shown that the trial court committed fundamental error when it denied his request to dismiss a juror, nor that the court abused its discretion when it dismissed another juror after she stated she couldn’t render a decision based on the evidence.

Thomas H. Andrews v. State of Indiana
29A02-1112-MI-1166
Miscellaneous. Reverses and remands with instructions to grant Andrew’s petition to be removed from the sex offender registry. Requiring him to register violates the Indiana Constitution prohibitions on ex post facto laws, and Indiana state courts do not have the authority to consider whether federal statutory penalties attach to Andrews’ conduct.

James Henley v. State of Indiana (NFP)
49A02-1205-CR-404
Criminal. Affirms convictions of Class C felonies attempted forgery and forgery, and Class D felony theft.

Term. of the Parent-Child Rel. of K.S. and K.C. (Minor Children) and Y.C. (Mother) v. The Indiana Dept. of Child Services (NFP)
48A04-1202-JT-52
Juvenile. Affirms involuntary termination of parental rights.

Lanika Young v. State of Indiana (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2012/november/11211205pdm.pdf
49A04-1203-CR-138
Criminal. Affirms sentence following guilty plea to Class A misdemeanor carrying a handgun without a license.
 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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