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Opinions April 15, 2014

April 15, 2014
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7th Circuit Court of Appeals
United States of America v. Marcus Henderson
13-2483
Criminal. Affirms denial of motion to suppress and conviction of being a drug user in possession of firearms in violation of 18 U.S.C. Section 922(g)(3). Rejects Henderson’s argument that the firearms were discovered pursuant to an unconstitutional search because the protective sweep of his home was unreasonable. The record is replete with specific and articulable facts which the SWAT officers reasonably relied upon to conclude that the officers or others faced a dangerous situation without a protective sweep of his house.

Indiana Court of Appeals
Lucas H. Jackson v. State of Indiana
62A04-1311-CR-563
Criminal. Reverses revocation of probation. The trial court abused its discretion by revoking the probation because it could not determine, by a preponderance of the evidence, that Jackson had actually committed a new criminal offense.

Tammy Carter v. State of Indiana (NFP)
49A02-1309-CR-752
Criminal. Affirms conviction of two counts of Class D felony neglect of a dependent.  

Edrece Bryant v. State of Indiana (NFP)
49A02-1309-CR-806
Criminal. Affirms convictions of Class D felony strangulation and Class A misdemeanor domestic battery.

Antrone Crockett v. Clair Barnes and Mark Sevier (NFP)
52A05-1306-PL-304
Civil plenary. Affirms summary judgment in favor of Barnes and Sevier on inmate Crockett’s claim that the defendants denied him access to the courts.

Patricia Leslie v. Liberty Dialysis, Inc., Liberty Dialysis-Lebanon, LLC., Witham Memorial Hospital, and NLMP, Inc. (NFP)
06A01-1309-CT-400
Civil tort. Affirms in part, reverses in part and remands. Because the designated evidence supports a reasonable inference that Leslie slipped on ice, the grant of summary judgment for Liberty was improper. As for Witham and NLMP, however, Leslie has made no argument that they were not entitled to summary judgment on the alternate theories relating to immunity and lack of duty. In the absence of any such argument, she has not established that the entry of summary judgment for Witham and NLMP was improper.

Mark Conner v. State of Indiana (NFP)
33A01-1308-CR-355
Criminal. Affirms convictions of Class D felony theft and Class B misdemeanor criminal mischief and the finding Conner is a habitual offender. Remands for trial court to correct the sentencing order and abstract of judgment.

Lloyd W. Mezick v. State of Indiana (NFP)
48A02-1307-CR-649
Criminal. Affirms revocation of placement in a community corrections program.

Regina Choice v. State of Indiana (NFP)
02A03-1306-CR-227
Criminal. Affirms two-year sentence for Class D felony theft.

Kenton T. Winder v. State of Indiana (NFP)
10A04-1309-CR-461
Criminal. Affirms sentence for Class B felonies robbery and criminal confinement as well as Class A misdemeanor carrying a handgun without a license. Remands with instructions to correct the abstract of judgment.

Jason R. Barton v. State of Indiana (NFP)
02A05-1307-CR-355
Criminal. Affirms denial of motion for immediate discharge from unlawful and illegal imprisonment.

The Indiana Supreme Court and Tax Court did not post any opinions by IL deadline.
 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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