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Opinions Dec. 20, 2013

December 20, 2013
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7th Circuit Court of Appeals
Michael E. Garcia v. Carolyn W. Colvin
13-2120
Civil. Reverses the Social Security Administration’s denial of disability benefits for Michael E. Garcia, finding that the denial was riddled with error and that the record shows Garcia is among the most seriously disabled applicants for disability the Circuit Court has encountered. Remands to the Social Security Administration for proceedings consistent with the opinion.

Indiana Court of Appeals
Richard E. Simmons v. State of Indiana
55A01-1209-CR-444
Criminal. Affirms convictions of four counts of Class A felony attempted murder, two counts of Class D felony criminal recklessness while armed with a deadly weapon and one count each of Class D felony unlawful use of body armor and Class A misdemeanor possession of marijuana. There was ample evidence to convict Simmons of attempted murder, his jury was adequately instructed on the presumption he was innocent and his consecutive sentences were appropriate. Senior Judge Shepherd concurs in separate opinion.

Stephen Brakie v. State of Indiana
65A05-1304-CR-172
Criminal. Affirms conviction of Class A felony child molesting. There is sufficient evidence to sustain the conviction, and the trial court did not abuse its discretion by rejecting Brakie’s proposed jury instruction regarding the presumption of innocence.

In Re the Marriage of Melanie Davis and Angela Summers
53A01-1305-DR-221
Domestic relation. Reverses dismissal of Davis’ petition to dissolve her marriage with Summers. The parties’ marriage was not automatically voided when the trial court granted Davis’ petition to change her name and birth certificate and be identified as a female instead of a male. Remands for further proceedings.

Ronald Gaines v. State of Indiana
49A04-1303-CR-123
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy. Concludes that the return of service was not testimonial, and its admission did not violate Gaines’s rights under the Confrontation Clause.

Michael E. Zanussi v. State of Indiana
29A05-1304-CR-173
Criminal. Affirms conviction of Class A misdemeanor criminal recklessness. The trial court did not abuse its discretion in denying Zanussi’s continuance nor in admitting letters Zanussi wrote from jail.

Shubham Chopra v. Shena Pendyala (NFP)
03A01-1305-SC-191
Small claim. Affirms judgment in favor of Pendyala on Chopra’s action seeking damages for the diminished value of Chopra’s car following a collision with the car driven by Pendyala.

James Mira v. State of Indiana (NFP)
49A04-1305-CR-245
Criminal. Affirms conviction of Class D felony theft.

Marcus R. Carter v. State of Indiana (NFP)
02A03-1304-CR-126
Criminal. Affirms eight-year sentence for Class C felony forgery.

Usman Alim Khan v. State of Indiana (NFP)
29A02-1306-CR-470
Criminal. Affirms denial of petition for alternative misdemeanor sentencing.

Timothy G. White v. State of Indiana (NFP)
09A04-1203-CR-140
Criminal. Affirms denial of petition for jail time credit.

In the Matter of the Termination of the Parent-Child Relationship of: S.T., Minor Child, T.T., Father v. Indiana Department of Child Services (NFP)
57A03-1304-JT-150
Juvenile. Affirms involuntary termination of parental rights.

Eugene L. Small v. Brandi L. Foster (NFP)
34A04-1306-JP-274
Juvenile. Affirms denial of father’s petition to modify custody.

In the Matter of the Termination of the Parent-Child Relationship of: Q.M. and E.M., Minor Children, B.M., Father v. Indiana Department of Child Services (NFP)
15A04-1303-JT-142
Juvenile. Affirms involuntary termination of parental rights.

Hervey Clanton v. State of Indiana (NFP)
20A05-1304-CR-194
Criminal. Affirms convictions and sentence for two counts of Class A felony dealing cocaine within 1,000 feet of a family housing complex, one count of Class B felony possession of a firearm by a serious violent felon, and three counts of Class C felony neglect of a dependent.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.

 

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  1. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. 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!

  4. 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.

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

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