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Opinions Jan. 10, 2011

January 10, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Francisco Onan Delao v. State of Indiana
20A05-1003-CR-182
Criminal. Affirms four convictions of Class A felony dealing in cocaine. Delao waived any error in the admission of the audio recordings of certain cocaine transactions because he failed to present a sufficient record for appellate review. His sentence is appropriate in light of his character and offenses.

Brian S. Christie v. State of Indiana
33A01-1006-CR-306
Criminal. Affirms order revoking Christie’s community corrections placement and order he serve the entirety of his remaining sentence at the Department of Correction. The trial court’s judicial notice and its dispositional order were proper.

State of Ohio Conviction Against Mickey Shawn Gambler
02A04-1008-CR-509
Criminal. Reverses order that Gambler be removed from the Indiana sex offender registry. The trial court erred by not providing notice to the appropriate parties or holding a hearing. Remands for the trial court to dismiss the case without prejudice subject to further proceedings in the event Gambler files a sufficient petition.

Anthony Taylor v. State of Indiana
49A02-1008-PC-949
Post conviction. Reverses denial of petition for permission to file a belated appeal of the denial of Taylor’s petition for post-conviction relief. The post-conviction court abused its discretion in denying Taylor the relief he sought under Trial Rule 72(E). Remands for the post-conviction court to allow him to file a notice of appeal.

Kevin D. Ables v. Wray J. Ables (NFP)
18A05-1002-DR-144
Domestic relation. Affirms post-dissolution order.

Marshall Sims v. State of Indiana (NFP)
49A02-1005-CR-555
Criminal. Affirms revocation of probation.

George Burnett v. State of Indiana (NFP)
15A01-1002-CR-182
Criminal. Affirms order denying Burnett’s motion to correct erroneous sentence.

Mrtyrone Demon Metcalf v. State of Indiana (NFP)
45A04-1002-CR-69
Criminal. Affirms convictions of murder, felony murder in the perpetration of a robbery, and Class B felony robbery.

Justin Trevor Stetler v. State of Indiana (NFP)
79A04-1004-CR-312
Criminal. Stetler pleaded guilty to Class B felony attempted child molesting. Reverses a restriction in the sentencing order and remands for it to be deleted and impose conditions as stated in the language. Affirms the trial court’s finding of aggravating and mitigating circumstances and his 14-year sentence of 10 years executed and four years suspended and served on probation.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court granted four transfers and denied 24 for the week ending Jan. 7.
 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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