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Opinions Dec. 12, 2011

December 12, 2011
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Court of Appeals

Douglas Garwood v. State of Indiana (NFP)
35A02-1106-CR-588
Criminal. Affirms conviction of and sentence for Class B felony dealing in methamphetamine and reverses conviction of Class D felony possession of precursors with intent to manufacture methamphetamine.

Term. of Parent-Child Rel. of A.B.; K.S. v. The Indiana Dept. of Child Services, and Child Advocates, Inc. (NFP)
49A04-1105-JT-255
Juvenile. Affirms termination of parental rights.

Lorenzo Stewart v. State of Indiana (NFP)

02A03-1104-PC-179
Post conviction. Affirms denial of petition for post-conviction relief.

Natosha Canfield, Individually, and Next Best Friend of D.C., Minor v. Clarian Health Partners, Inc. d/b/a Methodist Hospital (NFP)
49A02-1104-CT-292
Civil tort. Affirms grant of Clarian’s motion to strike and motions for summary judgment and partial summary judgment on Canfield’s suit claiming negligence and negligent infliction of emotional distress.

James Groff v. State of Indiana (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2011/december/12121106ehf.pdf   
90A02-1106-CR-610
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.

Steven E. Abernathy v. State of Indiana (NFP)
23A01-1104-CR-182
Criminal. Affirms conditions of probation imposed following Abernathy’s guilty plea to Class D felony resisting law enforcement and Class A misdemeanor driving while suspended.

The Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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