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Opinions Dec. 21, 2012

December 21, 2012
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Indiana Court of Appeals
Steven E. Malloch v. State of Indiana
17A03-1201-CR-37
Criminal. Affirms conviction of Class A felony child molesting for an incident involving his stepdaughter. There was no prosecutorial misconduct and the trial court did not err by admitting Malloch’s apology letter to C.P. Although Malloch did not receive a perfect trial, the appellate judges are confident he received a fair trial.

Kenneth S. Tipton v. State of Indiana
47A01-1201-CR-4
Criminal. Affirms conviction of Class C felony criminal recklessness. Believes someone shooting a gun at a residence may, for purposes of a criminal recklessness prosecution, create a substantial risk of bodily injury to another person even if the resident is away from home at the moment of the shooting.

Patrick Austin v. State of Indiana
20A03-1112-CR-588
Criminal. Affirms conviction of and sentence for two counts of Class A felony possession of cocaine. The trial court did not abuse its discretion in continuing Austin’s trial. Sentence is not inappropriate as Austin was caught transporting cocaine worth over four million dollars, and he had a prior felony conviction and two firearms-related arrests, and had previously been found with one million dollars in cash, which police seized.

Charles D. Stutz v. State of Indiana (NFP)
32A04-1205-CR-255
Criminal. Affirms convictions of Class D felonies resisting law enforcement and intimidation.

Michael R. Anderson, Jr. v. State of Indiana (NFP)
71A04-1204-CR-220
Criminal. Affirms convictions of Class C misdemeanor operating a motor vehicle while never having received a driver’s license, Class A misdemeanor possession of marijuana and possession of marijuana as a Class D felony.

Term. of the Parent-Child Rel. of B.W., Minor Child; R.C., Father v. Indiana Dept. of Child Services (NFP)
02A03-1204-JT-173
Juvenile. Affirms involuntary termination of parental rights.

Joseph Lamar Johnson v. State of Indiana (NFP)
18A04-1206-CR-316
Criminal. Affirms sentence following conviction of Class D felony possession of marijuana after a jury found Johnson guilty of Class A misdemeanor possession of marijuana and found he had previously been convicted of possession of marijuana.

Anthony K. McCullough v. State of Indiana (NFP)
49A02-1110-CR-955
Criminal. Grants rehearing and reverses previous decision. Now affirms the revocation of McCullough’s probation.
 

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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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