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Opinions Dec. 2, 2010

December 2, 2010
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7th Circuit Court of Appeals
United States of America v. Juan A. Corona-Gonzalez a/k/a Juan R. Ramirez
09-3993
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge David F. Hamilton.
Criminal. Reverses sentence for drug convictions and possession of a firearm in furtherance of a drug trafficking crime. There is a substantial chance that the District Court’s misapprehension of whether Corona-Gonzalez was deported and returned to the country illegally played a significant role in the adjudication of his sentence. Remands to allow the District Court to reassess the sentence free of the factual misapprehension.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Paul J. Kocielko v. State of Indiana
20A03-1002-CR-218
Criminal. Affirms conviction of Class B felony sexual misconduct with a minor and habitual offender adjudication. Remands with instructions to set aside Class C felony conviction of and sentence for sexual misconduct with a minor because Kocielko committed acts against a single victim in one confrontation, so double jeopardy prohibitions prevented his being convicted of and sentenced for the Class C felony charge. Affirms in all other respects.

Kenneth Pope and Judie Pope v. Hancock County Rural Electric d/b/a Central Indiana Power
30A05-1001-CT-3
Civil tort. Affirms order granting Central Indiana Power’s motion for judgment on the evidence in the Popes’ suit alleging the company was negligent because its failure to timely restore power to their home caused Kenneth to injure himself in the dark. The Popes didn’t establish that a standard of care existed by which CIP should have worked to restore power to its customers after the storm and that there was a breach of that standard of care. CIP’s actions were not the proximate cause of Kenneth’s injuries.

James and Robert New v. Personal Representative of the Estate of Martha New
71A04-0912-CV-744
Civil. Affirms denial of Robert’s combined motion to correct error, motion for relief from judgment, and motion for reconsideration of the court’s approval of the estate of Martha New’s third amended final accounting. The probate court didn’t err when it approved the estate’s third amended accounting without affording time for notice and a hearing. Remands for a determination of appellate attorney fees for the estate.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

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