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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. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  2. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  3. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  4. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  5. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

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