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Opinions April 19, 2013

April 19, 2013
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Indiana Court of Appeals
Razien McCullough v. State of Indiana
49A02-1210-CR-789
Criminal. Affirms two murder convictions and a 115-year aggregate sentence, holding that the state presented sufficient evidence to disprove McCullough’s claim of self-defense and that the sentence was not inappropriate given the nature of the crimes and McCullough’s character.
 
State of Indiana v. Douglas E. Shipman
59A01-1210-CR-471
Criminal. Reverses and remands the trial court’s grant of a motion to suppress evidence seized during the execution of a search warrant at Shipman’s home, holding that the search warrant was supported by probable cause based on a tip from a juvenile burglary suspect who had witnessed large quantities of marijuana in Shipman’s home.

Gregory Garrett v. State of Indiana (NFP)
49A02-1208-CR-666
Criminal. Affirms Garrett’s conviction for Class A misdemeanor battery.

Eddie Hargrow v. State of Indiana (NFP)
48A02-1208-CR-697
Criminal. Affirms sentencing Hargrow to the maximum of 65 years for murder. Ruled the trial court did not abuse its discretion in sentencing Hargrow and that the sentence was not inappropriate in light of the nature of his offense and character.

David Smigielski v. State of Indiana (NFP)
71A05-1209-CR-492
Criminal. Affirms conviction for operating a motor vehicle while intoxicated, a Class C misdemeanor, and for operating a motor vehicle while intoxicated after having been convicted of operating a motor vehicle while intoxicated, a Class D felony.

Michael Warren v. State of Indiana (NFP)

18A02-1210-CR-870
Criminal. Dismissed for lack of subject matter jurisdiction. Ruled the trial court erred when it granted Warren leave to file a belated notice of appeal of the probation revocation order.

Philip M. Reed v. State of Indiana (NFP)
32A05-1208-CR-426
Criminal. Affirms conviction of Class C felony operating a motor vehicle after driving privileges are forfeited for life. Found trial counsel provided effective assistance.

Darius Washington v. Indiana Department of Correction (NFP)
52A02-1204-SC-796
Small Claim. Affirms judgment for the Indiana Department of Correction after Washington filed a notice of claim regarding the loss of her property. Found the trial court did not err by entering judgment in favor of the DOC or by denying Washington’s motion to transport.

Kenneth Schaefer v. State of Indiana (NFP)
49A02-1206-CR-468
Criminal. Affirms convictions of murder and Class C felony battery. Found the trial court did not abuse its discretion by refusing to give Schaefer’s tendered instruction to the jury regarding voluntary manslaughter and sudden heat. Also ruled Schaefer’s sentence to an aggregate of 60 years is not inappropriate in light of the nature of the offenses and his character.

The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.
 

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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