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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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  2. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  3. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  4. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

  5. Once again Indiana has not only shown what little respect it has for animals, but how little respect it has for the welfare of the citizens of the state. Dumping manure in a pond will most certainly pollute the environment and ground water. Who thought of this spiffy plan? No doubt the livestock industry. So all the citizens of Indiana have to suffer pollution for the gain of a few livestock producers who are only concerned about their own profits at the expense of everyone else who lives in this State. Shame on the Environmental Rules Board!

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