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Opinions Aug. 2, 2011

August 2, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Bryan Johnson v. State of Indiana
45A05-1012-CR-816
Criminal. Affirms court’s denial of motion to suppress, citing a “good faith” exception to the admissibility of a search warrant. Holds that the detective believed a court employee had taken care of all the steps necessary to properly file a search warrant.  

Brian J. Kelley, et al. v. Med-1 Solutions, LLC, et al.
49A04-1008-PL-517
Civil plenary. Affirms trial court’s entry of summary judgment in favor of Med-1 Solutions, holding that the debtors failed to present or allege sufficient facts to support a claim of fraud. Denies Med-1’s request for attorney fees due to lack of evidence that debtors acted with procedural or substantive bad faith.

Ronnie Jones v. State of Indiana (NFP)
71A05-1011-CR-740
Criminal. Affirms conviction of attempted murder and adjudication as an habitual offender.

George Lowman v. State of Indiana (NFP)
64A03-1009-CR-513
Criminal. Affirms trial court’s order of monthly payments as a condition of probation, but remands to court to correct total amount of restitution.

Debora A. Phillips v. State of Indiana (NFP)
73A01-1011-CR-598
Criminal. Affirms sentences imposed after guilty plea for three counts of dealing a schedule I, II, or III substance – all Class A felonies.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

  2. Don't we have bigger issues to concern ourselves with?

  3. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  4. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  5. Different rules for different folks....

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