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Opinions Aug. 21, 2012

August 21, 2012
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7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals

Jason Fields v. State of Indiana
47A04-1110-CR-577
Criminal. Affirms two convictions of Class B felony dealing in methamphetamine. The trial court’s response to the jury’s mid-deliberation question did not constitute a modification of the jury instructions.

Gary Watts v. State of Indiana (NFP)
49A02-1201-CR-24
Criminal. Affirms conviction of Class D felony theft.

Michael Cochran v. State of Indiana (NFP)
04A03-1201-PC-20
Post conviction. Affirms denial of petition for post-conviction relief.

Freddie Boggess v. State of Indiana (NFP)
75A03-1112-CR-581
Criminal. Affirms convictions of Class B felony dealing in methamphetamine, Class D felony possession of chemical reagents or precursors with intent to manufacture, Class A misdemeanor driving while suspended, and Class B misdemeanor false informing.

Brandon E. Klein v. K.J. (NFP)
79A02-1112-PO-1157
Protective order. Affirms protective order issued against Klein.

Mark Williams v. State of Indiana (NFP)
49A04-1201-CR-4
Criminal. Affirms order Williams serve entire sentence that was suspended at the time of initial sentencing.

Leonard Dewitt v. State of Indiana (NFP)
15A01-1202-PC-63
Post conviction. Affirms denial of petition for post-conviction relief.

Cody Hunt v. State of Indiana (NFP)
35A05-1112-CR-677
Criminal. Affirms conviction of Class D felony battery of a child less than 14 years of age by someone older than 18.

Gregory Vories v. State of Indiana (NFP)
42A04-1201-CR-32
Criminal. Dismisses Vories’ appeal of the denial of his motion for modification of bond.

Reginald Lee v. State of Indiana (NFP)
49A02-1112-CR-1127
Criminal. Affirms convictions of Class B felony robbery and Class D felony auto theft.

Michael Timothy Dean v. State of Indiana (NFP)
73A01-1112-CR-624
Criminal. Affirms conviction of attempted obstruction of justice as a Class D felony.

Christopher Davis v. State of Indiana (NFP)
49A04-1201-CR-19
Criminal. Affirms revocation of probation and execution of previously suspended sentence.

Bruce William Lee v. State of Indiana (NFP)
02A04-1204-CR-173
Criminal. Affirms sentence for Class D felony failure to register as a sex or violent offender.

John Norton, Jr. v. State of Indiana (NFP)
5A04-1202-CR-99
Criminal. Affirms sentence for Class B felony burglary.

Giorgio E. White v. State of Indiana (NFP)
02A03-1201-CR-51
Criminal. Affirms conviction of Class C felony carrying a handgun without a license.

 

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  1. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  2. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

  3. She must be a great lawyer

  4. Ind. Courts - "Illinois ranks 49th for how court system serves disadvantaged" What about Indiana? A story today from Dave Collins of the AP, here published in the Benton Illinois Evening News, begins: Illinois' court system had the third-worst score in the nation among state judiciaries in serving poor, disabled and other disadvantaged members of the public, according to new rankings. Illinois' "Justice Index" score of 34.5 out of 100, determined by the nonprofit National Center for Access to Justice, is based on how states serve people with disabilities and limited English proficiency, how much free legal help is available and how states help increasing numbers of people representing themselves in court, among other issues. Connecticut led all states with a score of 73.4 and was followed by Hawaii, Minnesota, New York and Delaware, respectively. Local courts in Washington, D.C., had the highest overall score at 80.9. At the bottom was Oklahoma at 23.7, followed by Kentucky, Illinois, South Dakota and Indiana. ILB: That puts Indiana at 46th worse. More from the story: Connecticut, Hawaii, Minnesota, Colorado, Tennessee and Maine had perfect 100 scores in serving people with disabilities, while Indiana, Georgia, Wyoming, Missouri and Idaho had the lowest scores. Those rankings were based on issues such as whether interpretation services are offered free to the deaf and hearing-impaired and whether there are laws or rules allowing service animals in courthouses. The index also reviewed how many civil legal aid lawyers were available to provide free legal help. Washington, D.C., had nearly nine civil legal aid lawyers per 10,000 people in poverty, the highest rate in the country. Texas had the lowest rate, 0.43 legal aid lawyers per 10,000 people in poverty. http://indianalawblog.com/archives/2014/11/ind_courts_illi_1.html

  5. A very thorough opinion by the federal court. The Rooker-Feldman analysis, in particular, helps clear up muddy water as to the entanglement issue. Looks like the Seventh Circuit is willing to let its district courts cruise much closer to the Indiana Supreme Court's shorelines than most thought likely, at least when the ADA on the docket. Some could argue that this case and Praekel, taken together, paint a rather unflattering picture of how the lower courts are being advised as to their duties under the ADA. A read of the DOJ amicus in Praekel seems to demonstrate a less-than-congenial view toward the higher echelons in the bureaucracy.

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