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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. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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