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Opinions Feb. 3, 2011

February 3, 2011
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Indiana Supreme Court
Clifton Mauricio v. State of Indiana
02S03-1009-PC-501
Post conviction. Reverses denial of petition for post-conviction relief and remands for re-sentencing. The Supreme Court cannot say that the trial court would have sentenced Mauricio to 50 years notwithstanding its reference to a statute that was later held to be inapplicable.

Indiana Court of Appeals
The following opinions are from Feb. 2, 2011:
Spencer R. Norvell v. State of Indiana (NFP)
18A02-1006-CR-696
Criminal. Affirms denial of motion for withdrawal of guilty plea.

Shane O. Bright v. State of Indiana (NFP)
58A01-1005-CR-243
Criminal. Affirms sentence following guilty plea to Class C felony possession of methamphetamine with a firearm and Class D felony possession of cocaine.

Tra Hibbard v. State of Indiana (NFP)
28A05-1008-CR-537
Criminal. Affirms 45-year sentence following guilty plea to two counts of Class B felony operating a vehicle with a controlled substance in blood causing death and one count of Class C felony criminal recklessness with a deadly weapon resulting in serious bodily injury.

George G. Casillas v. State of Indiana (NFP)
49A05-1006-CR-370
Criminal. Affirms sentence following convictions of Class D felonies strangulation and domestic battery.

Today’s opinions
Anthonia R. McWhorter v. State of Indiana (NFP)
45A03-1006-CR-334
Criminal. Affirms 12-year sentence following guilty plea to Class B felony dealing in cocaine.

Eric Daniels v. State of Indiana (NFP)
49A02-1005-CR-531
Criminal. Affirms convictions of Class B felony burglary and Class D felony theft.

Michael Linner, et al. v. Wells Fargo Bank, N.A., et al. (NFP)
71A04-1005-MF-391
Mortgage foreclosure. Affirms order denying the Linners' motion to correct error following entry of summary judgment against them in subsequent proceedings relating to a foreclosure action brought by Wells Fargo Bank.

Richard N. Bell v. Nancy D. Bell (NFP)
49A05-1005-DR-315
Domestic relation. Affirms disposition of the marital estate following dissolution of the Bells’ marriage.

Larry M. Gonzalez v. State of Indiana (NFP)
02A03-1005-CR-295
Criminal. Reverses one conviction of child molesting as a Class A felony and affirms the remaining three convictions of child molesting, one as a Class A felony and two as Class C felonies.  

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Falk said “At this point, at this minute, we’ll savor this particular victory.” “It certainly is a historic week on this front,” Cockrum said. “What a delight ... “Happy Independence Day to the women of the state of Indiana,” WOW. So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)

  2. congratulations on such balanced journalism; I also love how fetus disposal affects women's health protection, as covered by Roe...

  3. It truly sickens me every time a case is compared to mine. The Indiana Supreme Court upheld my convictions based on a finding of “hidden threats.” The term “hidden threat” never appeared until the opinion in Brewington so I had no way of knowing I was on trial for making hidden threats because Dearborn County Prosecutor F Aaron Negangard argued the First Amendment didn't protect lies. Negangard convened a grand jury to investigate me for making “over the top” and “unsubstantiated” statements about court officials, not hidden threats of violence. My indictments and convictions were so vague, the Indiana Court of Appeals made no mention of hidden threats when they upheld my convictions. Despite my public defender’s closing arguments stating he was unsure of exactly what conduct the prosecution deemed to be unlawful, Rush found that my lawyer’s trial strategy waived my right to the fundamental error of being tried for criminal defamation because my lawyer employed a strategy that attempted to take advantage of Negangard's unconstitutional criminal defamation prosecution against me. Rush’s opinion stated the prosecution argued two grounds for conviction one constitutional and one not, however the constitutional true threat “argument” consistently of only a blanket reading of subsection 1 of the intimidation statute during closing arguments, making it impossible to build any kind of defense. Of course intent was impossible for my attorney to argue because my attorney, Rush County Chief Public Defender Bryan Barrett refused to meet with me prior to trial. The record is littered with examples of where I made my concerns known to the trial judge that I didn’t know the charges against me, I did not have access to evidence, all while my public defender refused to meet with me. Special Judge Brian Hill, from Rush Superior Court, refused to address the issue with my public defender and marched me to trial without access to evidence or an understanding of the indictments against me. Just recently the Indiana Public Access Counselor found that four over four years Judge Hill has erroneously denied access to the grand jury audio from my case, the most likely reason being the transcription of the grand jury proceedings omitted portions of the official audio record. The bottom line is any intimidation case involves an action or statement that is debatably a threat of physical violence. There were no such statements in my case. The Indiana Supreme Court took partial statements I made over a period of 41 months and literally connected them with dots… to give the appearance that the statements were made within the same timeframe and then claimed a person similarly situated would find the statements intimidating while intentionally leaving out surrounding contextual factors. Even holding the similarly situated test was to be used in my case, the prosecution argued that the only intent of my public writings was to subject the “victims” to ridicule and hatred so a similarly situated jury instruction wouldn't even have applied in my case. Chief Justice Rush wrote the opinion while Rush continued to sit on a committee with one of the alleged victims in my trial and one of the judges in my divorce, just as she'd done for the previous 7+ years. All of this information, including the recent PAC opinion against the Dearborn Superior Court II can be found on my blog www.danbrewington.blogspot.com.

  4. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  5. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

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