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Opinions Dec. 10, 2010

December 10, 2010
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The following opinion was posted after IL deadline Thursday:
Indiana Supreme Court
Jeffrey E. Akard v. State of Indiana
79S02-1009-CR-478
Criminal. Summarily affirms the Indiana Court of Appeals in all respects except as to its conclusion that the trial court’s sentencing decision was inappropriate and required a substantial upward revision to 118 years. Declines to intervene in the trial court’s determination that the appropriate sentence is 93 years. Makes a minor correction to Akard’s sentence on his two Class C felony battery charges and revises his sentence to be an aggregate of 94 years. Remands for re-sentencing.

Today’s opinions
Indiana Supreme Court had posted no opinions at IL deadline.


Indiana Court of Appeals
David Snowberger v. State of Indiana
09A02-1005-CR-570
Criminal. Reverses revocation of probation. Snowberger’s plea agreement to nonsupport of a dependent child required the state to show his failure to pay child support to be willful and he has the ability to make payments before his probation could be revoked. The evidence was insufficient to support the revocation.  

G.D. v. Review Board
93A02-1007-EX-718
Civil. Reverses denial of G.D.’s motion to reinstate his appeal from an adverse determination of his claim for unemployment benefits. There is nothing in the record to support the director of Unemployment Insurance Appeals’ or the review board’s decisions to deny his motion to reinstate his appeal based upon the lack of showing of good cause. Remands for further proceedings.

Jonathon L. Dillard v. State of Indiana (NFP)
71A03-1008-CR-427
Criminal. Affirms conviction of Class D felony attempted theft.

Carlene L. Henry v. State of Indiana (NFP)
49A04-1006-CR-326
Criminal. Affirms conviction of Class D felony theft.

Tommie Reives v. State of Indiana (NFP)
49A02-1006-CR-796
Criminal. Affirms denial of petition for earned credit time.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  2. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  3. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

  4. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  5. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

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