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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. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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