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Opinions Feb. 26, 2014

February 26, 2014
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Indiana Court of Appeals
Robin Harper v. State of Indiana
49A04-1305-CR-222
Criminal. Reverses Harper’s Class A misdemeanor resisting law enforcement conviction. Officers Gillespie and Hartman unlawfully entered Harper’s residence, therefore, the officers were not engaged in the lawful execution of their duties at the time they arrested Harper and then attempted to remove her wedding ring in preparation for booking.

Chad E. Hucker v. State of Indiana
35A02-1307-CR-575
Criminal. Affirms convictions of Class C misdemeanors operating a vehicle while intoxicated and operating a vehicle with a Schedule I or II controlled substance. Finds Indiana Code 9-30-5-1(c), which proscribes the operation of a vehicle with a Schedule I or II controlled substance, does not violate Article 1, Section 23 of the Indiana Constitution.

Robert D. Stephens, Ryan Moe, Thomas Theohary, and Law Enforcement Technologies, Inc. v. Brian A. Costa and Amy Costa (NFP)
71A04-1305-CT-242
Civil tort. Affirms judgment personally against Stephens for Brian Costa’s injury. Reverses denial of Theohary’s motion for relief of judgment as the trial court did not acquire personal jurisdiction over him. Remands for further proceedings as to Theohary because he has sufficient minimum contacts with Indiana.

Jacquelyn Webster Green, as personal representative of the estate of Mary A. Webster, deceased v. Housing Authority of the City of Gary, Indiana, et al. (NFP)
45A04-1307-CT-344
Civil tort. Affirms grant of motion to dismiss in favor of the Gary Housing Authority and other defendants.

Rita Thompson v. State of Indiana (NFP)
49A02-1305-CR-454
Criminal. Affirms conviction of Class D felony resisting law enforcement and finding Thompson is a habitual offender.

Dennis Powers v. State of Indiana (NFP)
61A04-1307-CR-356
Criminal. Affirms denial of motion to correct erroneous sentence.

In the Matter of the Termination of the Parent-Child Relationship of: L.C., Minor Child, R.C., Father v. Indiana Department of Child Services (NFP)
82A01-1307-JT-297
Juvenile. Affirms termination of parental rights.

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. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  2. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  3. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

  4. A great idea! There is absolutely no need to incarcerate HRC's so-called "super predators" now that they can be adequately supervised on the streets by the BLM czars.

  5. One of the only qualms I have with this article is in the first paragraph, that heroin use is especially dangerous because it is highly addictive. All opioids are highly addictive. It is why, after becoming addicted to pain medications prescribed by their doctors for various reasons, people resort to heroin. There is a much deeper issue at play, and no drug use should be taken lightly in this category.

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