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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. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. 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.

  5. 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?

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