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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. Hello currently just withdrew from laporte county drug court and now I have lost the woman I love which also was in drugcourt and was put in jail without a,lawyer presentfor her own safety according to the judge and they told her she could have a hearing in two weeks and now going on 30days and still in jail no court date and her public defender talks like he,s bout to just sell her up the river.

  2. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  3. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  4. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  5. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

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