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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. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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