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Opinions Jan. 17, 2012

January 17, 2012
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7th Circuit Court of Appeals
Lebamoff Enterprises v. Alex Hurley, in his official capacity as chairman of the Indiana Alcohol and Tobacco Commission
11-1362
Southern District of Indiana, Indianapolis Division
U.S. Judge Jane Magnus-Stinson
Civil. Affirms District judge’s grant of summary judgment for the state defendants, ruling against a Fort Wayne area wine retailer’s constitutional challenge to a state law that prevents retailers from shipping wine to consumers via a motor carrier. The appellate panel found that the state statute is not preempted by federal law. Judge David Hamilton issued a separate concurring opinion.

The Indiana Supreme Court had issued no opinions by IL deadline.

Indiana Court of Appeals
Term. of Parent-Child Rel. of D.C. and J.C.; J.D.C. (Mother) v. Indiana Dept. of Child Services (NFP)
82A01-1105-JT-225
Termination of Parental Rights. Affirms trial court’s termination of a mother’s parental rights, finding the court didn’t abuse its discretion in denying a continuance and that sufficient evidence existed to support the termination.

Rebecca Herb v. State of Indiana (NFP)
02A03-1106-CR-251
Criminal. Affirms aggregate two-year sentence that had six months suspended to probation. Finds that the sentence imposed following a guilty plea was not inappropriate in light of the nature of the fraud and stolen property offenses and the defendant’s character.

Adrian Deshon Porch v. State of Indiana (NFP)
10A01-1012-CR-686
Criminal. Affirms woman’s conviction for dealing in cocaine, dealing a narcotic drug and possessing paraphernalia, finding the court didn’t abuse its discretion in admitting certain evidence and that the appeal is barred under the law of the case doctrine.

Tyrone Tapp v. State of Indiana (NFP)
82A05-1106-CR-275
Criminal. Affirms defendant’s conviction as a habitual offender, finding the trial court didn’t commit reversible error in denying a motion to dismiss the habitual offender allegation.
 
Rising Property Management, LLP v. Department of Metropolitan Development Board of Zoning Appeals and Glendale Partners, Inc. (NFP)
49A02-1107-MI-662
Miscellaneous. Affirms trial court’s decision upholding a ruling by the Metropolitan Board of Zoning Appeals to approve a petition for variance filed by Glendale Partners. Finds that Rising Property Management has not established that the quantum of legitimate evidence was so proportionately meager as to lead to the conclusion that the BZA’s findings were not rational.

Aliesha Youna v. State of Indiana (NFP)
49A04-1106-CR-336
Criminal. Affirms defendant’s convictions for criminal recklessness and criminal mischief following a jury trial, finding the trial court did not abuse its discretion in not declaring a mistrial after allegedly improper remarks from the prosecutor during closing arguments.

Brandi M. Holder v. State of Indiana (NFP)
87A01-1106-CR-288
Criminal. Affirms convictions for paraphernalia and marijuana possession, finding the trial court didn’t abuse its discretion in admitting seized evidence, admitting the test results of an item found in the vehicle, and instructing the jury on constructive possession.

Jerome Maxwell v. State of Indiana (NFP)
49A04-1101-CR-6
Criminal. Affirms defendant’s convictions on felony child molesting and aggregate 40-year sentence of incarceration, finding the trial court didn’t abuse its discretion or commit fundamental error, that the prosecutor didn’t commit misconduct, that the convictions weren’t double jeopardy violations and the sentence is appropriate.

Indiana Tax Court had issued no opinions as of IL deadline.

A transfer disposition list shows the justices denied transfer on 10 cases during a private conference last week.

 

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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. 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.

  4. 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 .

  5. 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

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