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Opinions Feb. 19, 2014

February 19, 2014
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The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:
State of Indiana v. William Coats
49S02-1305-CR-328
Criminal. Remands to the trial court with an order to commit Coats to the Division of Mental Health and Addiction. I.C. 35-36-3-1(b) requires trial courts to commit defendants found not competent to stand trial to the DMHA for competency restoration services.

Wednesday’s opinions
Indiana Court of Appeals

David D. Kiely v. Kathryn Starnes-Kiely (NFP)
14A04-1307-DR-372
Domestic relation. Affirms equal division of marital estate.

Tyrone Wilbourn v. State of Indiana (NFP)

49A05-1306-CR-262
Criminal. Affirms conviction of possession of a firearm by a serious violent felon as a Class B felony.

Christena Seifried v. Dukes Health System, LLC, d/b/a Dukes Memorial Hospital (NFP)
49A02-1305-CT-435
Civil tort. Reverses summary judgment in favor of the hospital in Seifried’s action for personal injuries allegedly suffered as a result of her fall in the hospital.

Kenneth Davis v. State of Indiana (NFP)
49A02-1306-CR-535
Criminal. Reverses and remands with instructions to vacate Davis’ Class A misdemeanor battery conviction. Affirms conviction of battery as a Class C felony.

Heriberto M. Andrade v. State of Indiana (NFP)
20A03-1307-CR-289
Criminal. Affirms convictions of Class A felony dealing in cocaine weighing three grams or more and two counts of Class B felony dealing in cocaine.

James Smith v. State of Indiana (NFP)
49A04-1306-CR-292
Criminal. Affirms convictions of Class C felonies possession of cocaine and a firearm, and possession of cocaine; and Class A misdemeanors possession of marijuana and carrying a handgun without being licensed. Remands to correct trial court records.

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

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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