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Opinions April 11, 2012

April 11, 2012
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7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.


Indiana Court of Appeals
Anthony Wade v. Terex-Telelect, Inc.
29A05-1101-CT-72
Civil tort. Reverses jury verdict in favor of Terex-Telelect on Wade’s negligence claim under the Indiana Product Liability Act. Wade was prejudiced by the judge instructing the jury as to the rebuttable presumption under Indiana Code 34-20-5-1. Remands for a new trial. Judge Bradford concurs in part and dissents in part.

Robert A. Baker v. State of Indiana
40A05-1109-CR-503
Criminal. Reverses convictions of and sentence for Class B felony possession of methamphetamine within 1,000 feet of a school and Class C felony possession of a controlled substance within 1,000 feet of a school. The evidence is insufficient to sustain those enhanced convictions; remands with instructions to reduce those counts to Class D felonies and resentence him accordingly.

Marcus Washington v. State of Indiana (NFP)
49A02-1105-CR-429
Criminal. Affirms convictions of murder, and Class A misdemeanor carrying a handgun without a license.

Foster Mowrey v. State of Indiana (NFP)
02A03-1108-CR-406
Criminal. Affirms sentence following guilty plea to Class D felony battery and Class A misdemeanor possession of marijuana.

Jim A. Edsall v. State of Indiana (NFP)
57A03-1110-CR-462
Criminal. Reverses order denying permission to file a belated notice of appeal.

Larry D. Madden v. State of Indiana (NFP)
73A01-1105-CR-230
Criminal. Affirms conviction of Class D felony theft.

Patrick Dewayne Carr, Jr. v. State of Indiana (NFP)
71A05-1105-CR-261
Criminal. Affirms convictions of Class B felony robbery, Class B felony burglary and Class A felony attempted murder.

David Butler v. State of Indiana (NFP)
34A05-1109-CR-477
Criminal. Affirms sentence following guilty plea to Class B felony possession of cocaine.

Gloria Hussey, Personal Representative of the Estate of Steven Hussey v. William H. Toedebusch, M.D. (NFP)
89A01-1108-PL-345
Civil plenary. Reverses dismissal of Hussey’s complaint against Dr. Toedebusch and remands with instructions to reinstate the complaint.
 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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