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Opinions Feb. 19, 2013

February 19, 2013
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Indiana Supreme Court
Ronald B. Hawkins v. State of Indiana
20S03-1208-DR-499
Domestic relation. Vacates convictions of two counts of Class C felony nonsupport of a dependent where Hawkins was tried in absentia. The record indicates that Hawkins’ failure to appear at trial did not constitute a waiver of his right to counsel. Remands for a new trial.

Indiana Court of Appeals
Ernesto Roberto Ramirez v. State of Indiana (NFP)
45A05-1204-CR-224
Criminal. Affirms convictions of murder and Class D felony criminal gang activity.

Brandon E. Klein v. State of Indiana (NFP)

79A02-1201-CR-38
Criminal. Affirms convictions and sentence for Class D felony intimidation and Class A misdemeanor invasion of privacy.

In the Matter of the Term. of the Parent-Child Rel. of S.K.W. and D.L.W.J.: D.W. v. Indiana Dept. of Child Services and Lake County Court Appointed Special Advocate (NFP)
45A03-1206-JT-293
Juvenile. Affirms termination of parental rights.

Thomas Clements v. State of Indiana (NFP)
20A03-1205-CR-200
Criminal. Reverses denial of verified petition to limit access to criminal history and vacates the trial court order.

Olie McNeal v. State of Indiana (NFP)
49A05-1207-CR-364
Criminal. Affirms conviction of Class A misdemeanor battery.

Megan Parker v. State of Indiana (NFP)

49A05-1206-CR-327
Criminal. Affirms conviction of carrying a handgun without a license as a Class A misdemeanor.

Bradley Franks v. State of Indiana (NFP)
49A05-1205-CR-256
Criminal. Affirms revocation of probation.

Daniel Miller v. State of Indiana (NFP)
88A01-1205-CR-228
Criminal. Affirms sentence following guilty plea to Class A felony burglary and Class B felony rape.

Tyrone Frazier v. State of Indiana (NFP)

49A02-1202-PC-113
Post conviction. Affirms denial of petition for post-conviction relief.

Metropolitan Property & Casualty Ins. Co. v. Gary Darland (NFP)
53A01-1204-PL-179
Civil plenary. Affirms a covered loss under the MetLife policy occurred and the trial court properly awarded Darland $42,370 for the total loss of a boat and trailer. Reverses loss of use damages to Darland for the 2010 boating season.

Ricky L. Flake v. State of Indiana (NFP)
73A05-1207-CR-356
Criminal. Affirms sentence following guilty plea to Class D felony operating a vehicle after suspension.

Luke White v. State of Indiana (NFP)
49A02-1206-CR-477
Criminal. Affirms convictions of Class B felony aggravated battery and Class C felony battery.

Anthony E. Thomas v. State of Indiana (NFP)

20A03-1208-CR-377
Criminal. Affirms revocation of placement in work release center.

The Indiana Tax Court issued no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by 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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