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Opinions Feb. 23, 2012

February 23, 2012
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7th Circuit Court of Appeals had posted no opinions at IL deadline.

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

Indiana Court of Appeals

Eriberto Quiroz v. State of Indiana
49A02-1107-CR-577
Criminal. Reverses Quiroz’s conviction of Class C felony child molesting because that conviction along with a Class A felony child molesting conviction constitutes double jeopardy as the same evidence supports both convictions. Remands for the trial court to vacate the Class C felony conviction. The trial court did not commit fundamental error in including in the jury instructions a copy of the charging information that included the counts against Quiroz that had previously been dismissed.

Bernard Short v. State of Indiana
49A02-1105-CR-403
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated. The trial court did not abuse its discretion by admitting the results of the certified chemical breath test nor did it err by rejecting Short’s proposed jury instruction.

Keith Woodson v. State of Indiana
49A02-1108-PC-768
Post conviction. Affirms denial of petition for post-conviction relief. The post-conviction court was not clearly erroneous in finding that attorney Harper’s cross-examination of Owens and Johnson was not ineffective and that Harper was not ineffective for not attempting to procure the services of an eyewitness identification expert for Woodson’s second trial.

In the Matter of the Guardianship of John S. Zakrowski; Marsha L. Cummins v. Thomas L. Zakrowski (NFP)
71A03-1105-GU-259
Guardianship. Affirms denial of Cummins’ application for permission to participate in the guardianship proceedings.

S.D. v. B.D. (NFP)
41A01-1104-DR-170
Domestic relation. Affirms granting primary physical custody to mother. Reverses finding of contempt for father’s failure to pay for day care.

Sandra Rivas v. State of Indiana (NFP)
49A02-1106-CR-544
Criminal. Affirms conviction of Class D felony theft.

Jeffrey Roser v. Jennifer Roser (NFP)
38A02-1106-DR-502
Domestic relation. Affirms decision to lower father’s obligation to the minimum support obligation and remands for the trial court to revise the obligation to $18.

Daniel O'Reilly v. Ruth Doherty (NFP)
29A04-1108-DR-399
Domestic relation. Affirms order husband pay $30,000 of wife’s attorney fees.

Charles Smith v. State of Indiana (NFP)
58A01-1104-CR-191
Criminal. Affirms 20-year sentence for Class B felony dealing in a schedule II controlled substance.

Kenneth Willis Gibbs-El v. Arthur Hegewald (NFP)
49A02-1107-CT-747
Civil tort. Affirms dismissal of Gibbs-El’s complaint against a former employee of the Indiana Department of Correction.

Hawkins Auto Stores, Inc. v. Brent F. Hehr (NFP)
89A01-1110-SC-461
Small claim. Affirms order that Hawkins Auto Stores pay Hehr $3,395 for repayment of funds paid by Hehr for services he never received.

Joseph Apongule v. State of Indiana (NFP)
29A04-1109-CR-543
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle while intoxicated.
 

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  1. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  2. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  3. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

  4. Sounds like overkill to me, too. Do the feds not have enough "real" crime to keep them busy?

  5. We live in the world that has become wider in sense of business and competition. Everything went into the Web in addition to the existing physical global challenges in business. I heard that one of the latest innovations is moving to VDR - cloud-based security-protected repositories. Of course virtual data rooms comparison is required if you want to pick up the best one.

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