ILNews

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. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

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