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Opinions Dec. 13, 2013

December 13, 2013
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Indiana Court of Appeals
John Everitt Dickey v. State of Indiana
10A01-1212-CR-587
Criminal. Affirms conviction of two counts of Class A child molesting, rejecting Dickey’s argument that testimony about his physical abuse of the victim and her mother was improperly admitted. The court held that Dickey failed to preserve the argument for appeal because, while his attorney objected to a line of questioning about when Dickey’s relationship with the victim’s mother began to change, a continuing objection was not raised.

Indiana Supreme Court
The following opinion was issued after IL deadline Thursday.
Demetrius Walker v. State of Indiana
49S02-1312-CR-804
Criminal. Affirms Walker’s conviction for resisting law enforcement as a Class A misdemeanor. Although he did not physically touch a police officer, Walker ignored orders to drop to the ground and instead moved toward the officer in an aggressive manner with his fist clenched. The Supreme Court found the totality of Walker’s conduct was sufficient to show an active threat of strength, violence or power.


7th Circuit Court of Appeals
The following opinion was issued after IL deadline Thursday.
Kenny A. Jones, Sr. v. City of Elkhart, Indiana, et al.
12-3912
Criminal. Affirms summary judgment in favor of City of Elkhart and other defendants in a suit alleging a traffic stop and drunken-driving arrest were violations of the plaintiff’s Fourth and Fourteenth Amendment rights. Summary judgment was permissible because the record showed ample probable cause for police to stop Jones, who later tested above the legal blood alcohol limit and was charged with operating a vehicle while intoxicated.

The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.
 

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. 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.

  4. 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

  5. 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.)

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