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Opinions Aug. 30, 2011

August 30, 2011
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7th Circuit Court of Appeals had posted no opinions from Indiana courts at IL deadline.

Indiana Supreme Court had posted no opinions at IL deadline.


Indiana Court of Appeals
Martin A. Villalon, Jr. v. State of Indiana
45A03-1010-CR-544
Criminal. Affirms conviction of felony murder and 60-year sentence, holding the juvenile court did not abuse its discretion in waiving Villalon to adult court, and that the Sixth Amendment does not apply to juvenile proceedings.

State of Indiana v. Alfonso M. Chavez
45A03-1012-CR-619
Criminal. Affirms trial court’s determination that statements made implicating Chavez are inadmissible as hearsay evidence, and that, accordingly, the state’s claim that the Sixth Amendment does not require exclusion of the evidence will not be considered as part of the appeal.

Wayne K. Smith v. State of Indiana
28A05-1011-CR-704
Criminal. Affirms trial court’s denial of motion to suppress evidence, holding that the search warrant did not violate Article 1, Section 11 of the Indiana Constitution.

D.W. v. State of Indiana (NFP)
89A03-1104-JV-176
Juvenile. Affirms judgment of juvenile court committing D.W. to the Indiana Department of Correction.

Marvin Mallet v. State of Indiana (NFP)
45A03-1102-CR-51
Criminal. Affirms denial of motion for misdemeanor treatment.

Jennifer Fulton v. State of Indiana (NFP)
27A02-1101-CR-132
Criminal. Affirms convictions of Class D felony possession of cocaine and associated charges.

Tom Kenneth v. State of Indiana (NFP)
49A02-1102-CR-167
Criminal. Affirms conviction of Class A felony burglary.

Brian C. Feely v. State of Indiana (NFP)
71A03-1101-CR-20
Criminal. Affirms sentence for Class C felony operating a vehicle while intoxicated after having been convicted of operating a vehicle while intoxicated causing death.

Joe M. Meyers v. State of Indiana (NFP)
49A04-1103-PC-144
Post conviction. Affirms denial of request for post-conviction relief.

Terrance R. Huber v. Montgomery County Sheriff (NFP)
54A01-1008-CT-558
Civil tort. Affirms trial court’s award of discovery sanctions to the Montgomery County Sheriff and remands to the trial court for a determination of appellate attorney fees and costs to be awarded to the sheriff’s office.

Lawrence Ray Holley II v. State of Indiana (NFP)
79A02-1005-PC-652
Post conviction. Dismisses appeal, holding that the post-conviction court’s order denying Holley’s petition constituted a final judgment.

Term. of Parent-Child Rel. of B.M.; L.M. v. IDCS (NFP)
49A02-1012-JT-1441
Juvenile. Affirms termination of father’s parental rights.

Jay A. Thomas v. State of Indiana (NFP)
36A01-1011-CR-583
Criminal. Affirms revocation of probation.

Terry Durbin v. State of Indiana (NFP)
68A01-1012-CR-608
Criminal. Affirms conviction of Class A felony murder.

William R. Robison v. State of Indiana (NFP)
22A01-1102-CR-33
Criminal. Affirms trial court’s finding that Robison violated the terms of his probation and should serve five years of his previously suspended sentence.

In Re The Marriage of: Daniel Madden v. Tracy Madden n/k/a Tracy Chavez (NFP)
46A05-1102-DR-115
Domestic relation. Affirms trial court’s denial of father’s petition to modify custody. Denies mother’s request to remand to the trial court for assessment of appellate attorney fees against father, finding the fee assessment is unwarranted.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

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