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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. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

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  4. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

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