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Opinions Dec. 26, 2013

December 26, 2013
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Indiana Court of Appeals
Terry Donald Rutledge v. State of Indiana (NFP)
18A05-1302-CR-70
Criminal. Affirms conviction of murder.

Terry Berry v. State of Indiana (NFP)
49A02-1304-CR-348
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct and Class A misdemeanor carrying a handgun without a license.

Donyel Perry v. Tracy Perry (NFP)
49A02-1304-DR-385
Domestic relation. Affirms denial of father Donyel Perry’s motion to set aside a judgment ordering him to pay mother Tracy Perry for educational and orthodontic expenses incurred by their child.

Donald Leehy v. State of Indiana (NFP)
42A05-1305-CR-264
Criminal. Affirms revocation of probation.

Esteban Gonzalez v. State of Indiana (NFP)
79A02-1303-CR-279
Criminal. Affirms convictions of Class C felony operating a motor vehicle while privileges are forfeited for life, Class A misdemeanor operating a vehicle while intoxicated and an enhancement as habitual substance offender.

Vincent Thornburg v. State of Indiana (NFP)
89A01-1307-CR-307
Criminal. Affirms judgment of the trial court of applying proceeds of a $505 cash bond to the costs and fees pursuant to terms of a plea agreement on a charge of Class D felony receiving stolen property.

Michael Baldwin v. State of Indiana (NFP)
49A02-1302-CR-168
Criminal. Affirms denial of petition for restoration of credit time.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
 

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  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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