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Opinions Jan. 11, 2011

January 11, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
John G. Cooper v. State of Indiana
32A05-1005-CR-309
Criminal. Affirms five-year enhancement imposed under the Firearm Enhancement Statute following the jury’s determination Cooper knowingly or intentionally used a firearm in the commission of reckless homicide, a Class C felony. Double jeopardy principles aren’t implicated in this case. Also affirms aggregate 13-year sentence.

Connie Ellis, et al. v. City of Martinsville, et al.
55A01-1003-CT-141
Civil tort. Affirms grant of motions for summary judgment in favor of the City of Martinsville, Martinsville Fire Department, and Terry Hart, assistant fire chief.  There are no issues of genuine fact regarding alleged willful and wanton misconduct and Hart’s actions were within the scope of his employment.

James Eugene Roberts v. State of Indiana (NFP)
79A05-1006-CR-389
Criminal. Affirms sentence following guilty plea to Class A felony dealing in cocaine.

In the matter of the estate of Raymond L. Domelle; Gloria J. Domelle v. Charles and Maria Barman (NFP)
45A03-1004-ES-173
Estate, supervised. Reverses $68,500 judgment following a jury verdict in favor of the Barmans. Remands to direct the probate court to enter judgment in favor of the estate.

Marvin M. Willis v. State of Indiana (NFP)
82A05-1006-CR-409
Criminal. Affirms conviction of operating a vehicle while intoxicated as a Class D felony and dismisses Willis’ appeal as it relates to the challenge of the enhancement of the conviction from a Class C misdemeanor to the Class D felony.

Joseph Fields v. State of Indiana (NFP)
49A05-1003-CR-165
Criminal. Affirms conviction of felony murder.

Donald J. Woolsey v. State of Indiana (NFP)
87A01-1006-CR-326
Criminal. Affirms convictions of two counts of Class D felony perjury.

Anthony M. Jessie v. State of Indiana (NFP)
49A05-1006-CR-329
Criminal. Affirms convictions of Class B misdemeanors battery and disorderly conduct, and Class A misdemeanor resisting law enforcement.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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