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Opinions Feb. 21, 2012

February 21, 2012
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.

Indiana Court of Appeals

Herbert Yanez v. State of Indiana
49A02-1104-CR-362
Criminal. Reverses conviction of possession of marijuana as a Class A misdemeanor and remands for further proceedings. There was no evidence presented as to why Yanez was stopped and the evidence presented didn’t establish the reasonableness of the state’s actions. Judge Barnes concurs in result in a separate opinion.

State of Indiana v. Christopher Vickers
88A05-1106-PC-317
Post conviction. Reverses grant of post-conviction relief to Vickers. The court erred by concluding that Vickers had not knowingly waived his right to counsel.

Paul K. Ogden v. Stephen Robertson, et al.
49A05-1101-CT-45
Civil tort. Affirms summary judgment in favor of defendants Robertson, et al., with respect to Ogden’s wrongful termination claim. The trial court did not err in finding that the Indiana Department of Insurance defendants did not violate Ogden’s rights under Article I, Section 9 of the Indiana Constitution, that Ogden did not derive due process rights from Executive Order 05-14, and Ogden improperly failed to exhaust his administrative remedies.

In Re: Indiana Newspapers, Inc. d/b/a The Indianapolis Star, Jeffrey M. Miller & Cynthia S. Miller v. Junior Achievement of Central Indiana, Inc.; Jennifer Burk; et al.
49A02-1103-PL-234
Civil plenary. Remands to trial court to apply modified Dendrite test to determine if the Indianapolis Star must provide information to Jeffrey Miller that would identify an anonymous online commenter.

Term. of Parent-Child Rel. of K.C. and K.M., Jr.; J.C. (Mother), B.D.T. (Father of K.C.) and K.M., Sr. (Father of K.M., Jr.) v. Indiana Dept. of Child Services (NFP)
20A03-1107-JT-314
Juvenile. Affirms termination of parental rights.

Charles Duncan v. State of Indiana (NFP)
17A03-1110-CR-446
Criminal. Affirms sentence following guilty plea to Class A felony child molesting.

John Q. Lloyd v. State of Indiana (NFP)
71A05-1105-CR-270
Criminal. Affirms conviction of felony murder.

Michael Lee Larry v. State of Indiana (NFP)
18A02-1106-CR-549
Criminal. Affirms sentence following guilty plea to two counts of Class B felony dealing in cocaine.

Tony V. Hawkins v. State of Indiana (NFP)
56A05-1110-PC-524
Post conviction. Affirms denial of petition for post-conviction relief.

Willie Joseph v. State of Indiana (NFP)
49A02-1106-CR-570
Criminal. Affirms conviction of Class B misdemeanor public intoxication.

Dixie Diana Schulz and Joseph Schulz v. The Kroger Co., Kroger Limited Partnership I, Seven-Up American Bottling Co., The American Bottling Co., Dr. Pepper/Seven-Up Inc., et al. (NFP)
32A05-1107-CT-368
Civil tort. Affirms summary judgment in favor of Kroger and other defendants with respect to Kroger’s knowledge about the existence of hazardous conditions in its store.

Jay Wallace v. State of Indiana (NFP)
29A02-1107-CR-645
Criminal. Affirms conviction of and sentence for Class D felony theft.

Fayazz Chowdhry v. Estate of Mustansar L. Chaudhry (NFP)
46A05-1103-EU-118
Estate, unsupervised. Affirms grant of the motion to dismiss filed by the representatives of the estate of Mustansar Chaudhry.

Trina Stover Thorstenson v. State of Indiana (NFP)
42A01-1106-CR-287
Criminal. Affirms partial denial of motion for credit time following revocation of probation.
 

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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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