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Opinions Aug. 8, 2012

August 8, 2012
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7th Circuit Court of Appeals
Michael J. Alexander v. Mark McKinney
11-3539
U.S. District Court, Southern District of Indiana, Indianapolis Division. Chief Judge Richard Young.
Civil. Affirms dismissal of criminal defense attorney Michael Alexander’s lawsuit against Mark McKinney alleging violations of due process after finding McKinney, former Delaware County prosecutor, was entitled to qualified immunity because the complaint did not identify a depravation of a cognizable constitutional right. Alexander’s complaint is merely an attempt to recast an untimely false arrest claim into a due process claim.

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

Indiana Court of Appeals

Justin C. Woodhouse v. State of Indiana (NFP)
08A05-1111-PC-614
Post conviction. Affirms denial of petition for post-conviction relief.

Ty Evans v. State of Indiana (NFP)
49A04-1112-PC-697
Post conviction. Affirms denial of petition for post-conviction relief.

John Harrell v. State of Indiana (NFP)
70A01-1112-CR-590
Criminal. Affirms sentence following guilty plea to Class D felony possession of stolen property.

Term. of Parent-Child Rel. of K.T.K., K.C., & K.R.K. (Minor Children) and T.K. (Father) v. Indiana Dept. of Child Services (NFP)
15A01-1201-JT-14
Juvenile termination. Affirms termination of parental rights.

Derek Patton v. State of Indiana (NFP)
09A02-1111-CR-1046
Criminal. Affirms convictions of Class B felonies criminal confinement and aggravated battery.

Jerry Moss v. State of Indiana (NFP)
49A02-1112-CR-1148
Criminal. Affirms revocation of placement in community corrections.

Dorothy Miller, et al. v. City of Mishawaka, et al. (NFP)
71A03-1201-PL-3
Civil plenary. Affirms denial of Dorothy Miller’s complaint for declaratory relief and the judgment entered in favor of the city of Mishawaka, city planner Kenneth Prince and associate city planner Peg Strantz regarding the enforcement of a city ordinance regulating signs. Denies the city’s request for appellate attorney fees.

Jaron Yancey v. State of Indiana (NFP)
82A05-1112-CR-695
Criminal. Affirms conviction of Class A felony dealing in cocaine.
 

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  1. Hello currently just withdrew from laporte county drug court and now I have lost the woman I love which also was in drugcourt and was put in jail without a,lawyer presentfor her own safety according to the judge and they told her she could have a hearing in two weeks and now going on 30days and still in jail no court date and her public defender talks like he,s bout to just sell her up the river.

  2. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  3. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  4. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  5. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

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