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Opinions Jan. 22, 2014

January 22, 2014
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Indiana Court of Appeals
Antoine Duff v. State of Indiana (NFP)
49A02-1306-CR-503
Criminal. Affirms 16-year sentence, with 10 years executed and six years suspended, for Class B felony battery.

Anthony Barnett v. State of Indiana (NFP)
22A01-1302-PC-84
Post conviction. Affirms denial of petition for post-conviction relief.

Zachary Buza v. State of Indiana (NFP)
61A05-1304-CR-149
Criminal. Affirms convictions of Class A felony attempted murder, Class B felony attempted aggravated battery, two counts of Class C felony criminal recklessness and Class A misdemeanor battery resulting in bodily injury.

Michael E. Mattingly v. Review Board of the Indiana Department of Workforce Development, and Meijer Stores Limited Partnership (NFP)
93A02-1304-EX-383
Agency action. Affirms denial of unemployment benefits.

Bruce Jones v. State of Indiana (NFP)
49A02-1304-CR-363
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.

In the Matter of the Termination of the Parent-Child Relationship of B.B. and B.B. (Minor Children), A.S. (Mother) v. The Indiana Department of Child Services (NFP)
49A02-1305-JT-431
Juvenile. Affirms denial of mother’s motion for relief from judgment following termination of parental rights.

Michael T. Smith v. State of Indiana (NFP)
49A04-1304-CR-172
Criminal. Affirms conviction of Class C felony child molesting.

Challie A. Gray v. State of Indiana (NFP)
49A02-1306-CR-534  
Criminal. Affirms murder conviction.

Antonio D. Johnson v. State of Indiana (NFP)
48A04-1305-CR-241
Criminal. Affirms revocation of probation.

Kevin Joseph Cherrone v. State of Indiana (NFP)
71A03-1305-CR-187
Criminal. Affirms conviction of Class A misdemeanor domestic battery.

Tabitha Edwards v. State of Indiana (NFP)
29A02-1305-CR-444
Criminal. Affirms convictions of Class A misdemeanor operating a vehicle while intoxicated endangering a person and Class D felony operating a vehicle while intoxicated with a prior within five years.

Justin Kyle Loy v. State of Indiana (NFP)
48A04-1303-CR-148
Criminal. Affirms order revoking probation.

J.F. v. State of Indiana (NFP)
49A04-1305-JV-247
Juvenile. Affirms adjudication as a delinquent child for committing what would be Class D felony theft if committed by an adult.

Reginald Binion v. State of Indiana (NFP)
45A05-1304-CR-177
Criminal. Affirms 15-year sentence following guilty plea to Class B felony attempted armed robbery.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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