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Opinions Feb. 19, 2014

February 19, 2014
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The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:
State of Indiana v. William Coats
49S02-1305-CR-328
Criminal. Remands to the trial court with an order to commit Coats to the Division of Mental Health and Addiction. I.C. 35-36-3-1(b) requires trial courts to commit defendants found not competent to stand trial to the DMHA for competency restoration services.

Wednesday’s opinions
Indiana Court of Appeals

David D. Kiely v. Kathryn Starnes-Kiely (NFP)
14A04-1307-DR-372
Domestic relation. Affirms equal division of marital estate.

Tyrone Wilbourn v. State of Indiana (NFP)

49A05-1306-CR-262
Criminal. Affirms conviction of possession of a firearm by a serious violent felon as a Class B felony.

Christena Seifried v. Dukes Health System, LLC, d/b/a Dukes Memorial Hospital (NFP)
49A02-1305-CT-435
Civil tort. Reverses summary judgment in favor of the hospital in Seifried’s action for personal injuries allegedly suffered as a result of her fall in the hospital.

Kenneth Davis v. State of Indiana (NFP)
49A02-1306-CR-535
Criminal. Reverses and remands with instructions to vacate Davis’ Class A misdemeanor battery conviction. Affirms conviction of battery as a Class C felony.

Heriberto M. Andrade v. State of Indiana (NFP)
20A03-1307-CR-289
Criminal. Affirms convictions of Class A felony dealing in cocaine weighing three grams or more and two counts of Class B felony dealing in cocaine.

James Smith v. State of Indiana (NFP)
49A04-1306-CR-292
Criminal. Affirms convictions of Class C felonies possession of cocaine and a firearm, and possession of cocaine; and Class A misdemeanors possession of marijuana and carrying a handgun without being licensed. Remands to correct trial court records.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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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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