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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. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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