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Opinions Aug. 21, 2014

August 21, 2014
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Indiana Court of Appeals
James S. Littrell v. State of Indiana
79A02-1401-CR-24
Criminal.  Affirms conviction of Class B felony possession of cocaine. Finds Littrell’s right to a fast and speedy trial was not violated, the evidence is sufficient to support his conviction, and his sentence is appropriate. Remands for the sole purpose of correcting a typographical error in the guilty plea and sentencing orders.

Citizens Action Coalition of Indiana, Inc., Save the Valley, Inc., Sierra Club, and Valley Watch, Inc. v. Duke Energy Indiana, Inc., Indiana Office of Utility Consumer Counselor, et al.
93A02-1310-EX-835
Agency action.  Affirms an order of the Indiana Utility Regulatory Commission approving Duke Energy’s request to include power plant construction costs incurred April – September 2012 in a rate adjustment rider, in implementation of a settlement agreement between Duke, the Indiana Office of the Utility Consumer Counselor and other entities. The interveners have not demonstrated that the commission acted contrary to law by approving the order.

Darryll Beamon v. State of Indiana (NFP)
49A05-1312-CR-632
Criminal. Reverses conviction of Class D felony theft and remands for resentencing on Beamon’s conviction of resisting law enforcement.

Latorrea D. Ware v. State of Indiana (NFP)
20A03-1401-CR-18
Criminal. Affirms convictions of Class A felony dealing in cocaine and Class D felony maintaining a common nuisance.

John Naylor v. State of Indiana (NFP)
31A01-1301-PC-4
Post conviction. Affirms denial of pro se petition for post-conviction relief.

Antonio D. Rose v. State of Indiana (NFP)
45A03-1312-PC-478
Post conviction. Affirms denial of petition for post-conviction relief.

Kurnie Nickson v. State of Indiana (NFP)
48A02-1307-CR-658
Criminal. Affirms convictions of two counts of battery – one as a Class C felony for being committed by means of a deadly weapon and one as a Class A misdemeanor for resulting in serious bodily injury. Reverses sentence because it is inappropriate and remands for resentencing.

Darryl J. Goodwin v. State of Indiana (NFP)
18A05-1309-CR-468
Criminal. Affirms conviction and sentence for two Class C felony counts of stalking and Class D felony residential entry.

Leonard Abshier, III v. State of Indiana (NFP)
82A05-1401-CR-19
Criminal. Affirms revocation of probation.

Megan Renea Mecum v. State of Indiana (NFP)
82A04-1401-CR-4
Criminal.  Affirms convictions of murder, Class D felony theft, Class A misdemeanor invasion of privacy and Class C felony conspiracy to commit robbery.

David Jones v. State of Indiana (NFP)
49A02-1312-CR-1032
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.

John Watson v. State of Indiana (NFP)
49A02-1312-CR-1025
Criminal. Affirms murder conviction.
 

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  1. I'm not sure what's more depressing: the fact that people would pay $35,000 per year to attend an unaccredited law school, or the fact that the same people "are hanging in there and willing to follow the dean’s lead in going forward" after the same school fails to gain accreditation, rendering their $70,000 and counting education worthless. Maybe it's a good thing these people can't sit for the bar.

  2. Such is not uncommon on law school startups. Students and faculty should tap Bruce Green, city attorney of Lufkin, Texas. He led a group of studnets and faculty and sued the ABA as a law student. He knows the ropes, has advised other law school startups. Very astute and principled attorney of unpopular clients, at least in his past, before Lufkin tapped him to run their show.

  3. Not that having the appellate records on Odyssey won't be welcome or useful, but I would rather they first bring in the stray counties that aren't yet connected on the trial court level.

  4. Aristotle said 350 bc: "The most hated sort, and with the greatest reason, is usury, which makes a gain out of money itself, and not from the natural object of it. For money was intended to be used in exchange, but not to increase at interest. And this term interest, which means the birth of money from money, is applied to the breeding of money because the offspring resembles the parent. Wherefore of an modes of getting wealth this is the most unnatural.

  5. Oh yes, lifetime tenure. The Founders gave that to the federal judges .... at that time no federal district courts existed .... so we are talking the Supreme Court justices only in context ....so that they could rule against traditional marriage and for the other pet projects of the sixties generation. Right. Hmmmm, but I must admit, there is something from that time frame that seems to recommend itself in this context ..... on yes, from a document the Founders penned in 1776: " He has refused his Assent to Laws, the most wholesome and necessary for the public good."

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