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Opinions Aug. 1, 2012

August 1, 2012
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7th Circuit Court of Appeals issued no opinions prior to IL deadline.

Indiana Supreme Court
The following opinions were issued Tuesday after IL deadline.  
Andrew Conley v. State of Indiana
58S00-1011-CR-634
Criminal. Affirms sentence of life without parole for Conley, who was 17 at the time he killed his 10-year-old brother. The court held that based on the age of defendant, the age of his brother, and the heinous nature of the crime, a sentence of life without parole was appropriate and constitutional.  

Engelica E. Castillo v. State of Indiana
45S00-1102-LW-110
Criminal. Reverses sentence of life without parole for a conviction of murder and remands to the trial court to enter a revised sentence of 65 years in prison, holding that Castillo’s role in causing fatal injuries to a 2-year-old was indirect and that her sentence was inappropriate compared with that of a co-defendant.

Indiana Court of Appeals
Justin A. Staton v. State of Indiana (NFP)
48A02-1112-CR-1192
Criminal. Affirms revocation of probation.

Edward Lee Jackson v. State of Indiana (NFP)
82A01-1110-CR-445
Criminal. Affirms conviction of murder and attempted murder.

Dewayne Busz v. Brandi Watkins and Mike Schuh (NFP)
43A03-1202-SC-67
Small claims. Affirms trial court judgment in favor of Watkins and Schuh.

Indiana Tax Court issued no opinions before IL deadline.
 

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  1. Diocese of Fort Wayne-South Bend in December, but U.S. District Judge Robert Miller later reduced that to about $540,000 to put the damages for suffering under the statutory cap of $300,000.

  2. I was trying to remember, how did marriage get gay in Kentucky, did the people vote for it? Ah no, of course not. It was imposed by judicial fiat. The voted-for official actually represents the will of the majority in the face of an unelected federal judiciary. But democracy only is just a slogan for the powerful, they trot it out when they want and call it bigotry etc when they don't.

  3. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  4. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  5. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

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