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Opinions Feb. 5, 2013

February 5, 2013
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Indiana Court of Appeals
Ignacio Perez v. State of Indiana
20A03-1206-CR-247
Criminal. Affirms denial of motion to suppress. Finds the detention, arrest and search incident to the arrest were reasonable and did not violate Perez’s right to be free from unreasonable search and seizure under the Fourth Amendment. The dog sniff outside his residence was reasonable and there was no violation of his rights under the Indiana Constitution. Remands for retrial.

Keiyun L. Mays v. State of Indiana
45A04-1205-CR-287
Criminal. Affirms 15-year sentence for Class B felony criminal confinement and finding that Mays is a sexually violent predator. Mays failed to establish that the process used to determine his SVP status constituted fundamental error, the trial court abused its discretion in sentencing him, and that the state provided insufficient evidence to sustain the SVP finding.

Vance R. Pace v. State of Indiana
20A03-1206-PC-378
Post conviction. Reverses denial of petition for post-conviction relief. Pace’s trial counsel’s performance was deficient and Pace was prejudiced by that. Remands for a new trial.  

Term. of the Parent-Child Rel. of D.B., Minor Child, and His Mother, J.B.: J.B. v. Indiana Dept. of Child Services (NFP)
87A01-1207-JT-336
Juvenile. Affirms termination of parental rights.

Donald Tatum v. State of Indiana (NFP)
49A04-1206-PC-331
Post conviction. Affirms denial of petition for post-conviction relief.

Eddie Rogers v. State of Indiana (NFP)

02A05-1206-CR-331
Criminal. Affirms revocation of probation.

Alfredo Lopez v. State of Indiana (NFP)
49A05-1207-CR-346
Criminal. Affirms conviction of Class D felony domestic battery.

Joshua W. Joyner v. State of Indiana (NFP)
49A02-1208-CR-618
Criminal. Affirms conviction of Class D felony theft.

Jereamy M. Barnes v. State of Indiana (NFP)
18A05-1204-CR-209
Criminal. Affirms convictions of two counts of Class A felony child molesting.

Shabbir Hussain v. Syed Ali (NFP)
85A02-1208-MF-629
Mortgage foreclosure. Affirms denial of Hussain’s petition to execute and deliver sheriff’s deed and grant of a similar competing petition filed by Ali.

Term. of the Parent-Child Rel. of L.R., Minor Child, and Her Father, R.R.: R.R. v. Indiana Dept. of Child Services (NFP)
76A03-1206-JT-286
Juvenile. Affirms termination of parental rights.

Term. of the Parent-Child Rel. of: M.A.P. (Minor Child) and M.L.P. (Father) v. Indiana Dept. of Child Services, Allen County Office (NFP)
02A03-1206-JT-254
Juvenile. Affirms termination of parental rights.

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