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Opinions Dec. 16, 2011

December 16, 2011
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7th Circuit Court of Appeals had issued no Indiana opinions at IL deadline.

Indiana Court of Appeals
Justin M. Corwin v. State of Indiana
79A04-1005-CR-296
Criminal. Reverses conviction of Class C felony possession of a controlled substance, holding that a police officer exceeded the limits of a search as defined by Terry v. Ohio, 392 U.S. 1, 30 (1968), and therefore, the evidence he obtained in the search should not have been admitted at trial.

Will Arline v. State of Indiana (NFP)
48A04-1103-CR-133
Criminal. Affirms conviction of three counts of Class C felony forgery.

Robert Morelock v. State of Indiana (NFP)
29A02-1108-CR-736
Criminal. Affirms sentence for Class D felony invasion of privacy.

Arthur Dedrick Green v. State of Indiana (NFP)
45A05-1105-CR-230
Criminal. Affirms sentence for Class A felony voluntary manslaughter.

Frederick Allen v. State of Indiana (NFP)
49A02-1101-CR-2
Criminal. Affirms conviction of murder.

Mark Koers v. State of Indiana (NFP)
49A04-1105-CR-243
Criminal. Affirms trial court’s denial of motion to suppress evidence.

Diana L. Gipson v. Craig G. Gipson (NFP)
79A05-1103-DR-138
Domestic relation. Remands to the trial court to recalculate spousal maintenance award, holding the court did not account for the disparity in earnings potential.

Harvey Byrd v. State of Indiana (NFP)
49A02-1106-CR-478
Criminal. Affirms convictions of Class B felony robbery, Class B felony criminal confinement and Class C felony carrying a handgun without a license.

Chris Fields v. State of Indiana (NFP)
49A04-1105-CR-223
Criminal. Reverses conviction of Class B felony unlawful possession of a firearm by a serious violent felon.

Mario J. Gaston v. State of Indiana (NFP)
84A01-1105-CR-198
Criminal. Affirms conviction of Class B felony aggravated battery.

Jeryl R. Bingham v. State of Indiana (NFP)
49A05-1107-PC-409
Post conviction. Affirms denial of petition for post-conviction relief.

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

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  1. Compromising precious constitutional rights in order to protect them? Rather like the military intelligence slogan that the town had to be destroyed in order to save it. Looks like Joseph, Mary and Baby Jesus will have quite the eventful Boxing Day this year. Wise men will arrive to find no one to accept their gifts? Oh well, wisdom not all that desired this xmas anyway. Maybe the ACLU and Christian attorneys can work out a "three days every third year" visitation compromise and all of this messy litigation stuff can just be boxed up as well? It is an art form, now isn't it? Thomas More, a man of manifold compromises is undoubtedly cheering on wildly.

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

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