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Opinions July 11, 2013

July 11, 2013
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7th Circuit Court of Appeals
United States of America v. Danny Harmon
12-1502
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane E. Magnus-Stinson.
Criminal. Affirms convictions of marijuana conspiracy and related offenses and 360-month sentence. A trial continuance did not violate his Sixth Amendment right to a speedy trial and the disclosure of Harmon’s prior drug conviction did not deprive him of a fair trial. The court did not make a mistake in finding Harmon responsible for more than 10,000 kilograms of marijuana.

Indiana Court of Appeals
Lindsay Tatusko v. State of Indiana
29A04-1208-CR-413
Criminal. Affirms convictions of Class C felony forgery and Class D felony theft. Tatusko’s electronic alteration of an authorized tip amount constitutes forgery. She also hasn’t shown she was denied effective assistance of trial counsel.

Kenneth Smith v. State of Indiana

49A02-1212-CR-1017
Criminal. Affirms order Smith pay $1,380 in restitution to William Kirkham. The trial court did not err when it allowed the state to present evidence at the restitution hearing of the victim’s actual loss that was not presented during Smith’s theft trial. The trial court also inquired into Smith’s ability to pay restitution.

In the Matter of the Paternity and Maternity of Infant T.
67A05-1301-JP-36
Juvenile. Reverses denial of father M.F.’s request to establish paternity and affirms the denial of surrogate M.F.’s petition to disestablish maternity. Her request is not cognizable so the trial court properly denied it. Indiana law presumes the birth mother is the child’s biological mother. Remands for the trial court to enter an order establishing M.F.’s paternity.

Robert M. Gates v. City of Indianapolis
49A04-1210-OV-503
Ordinance violation. Reverses denial of Gates’ request for a jury trial on three municipal ordinances the city alleges Gates violated. The nature of the underlying substantive claims brought against him is quasi-criminal, and he is entitled to a jury trial under Article I, Section 20 of the Indiana Constitution. Remands with instructions to grant the jury trial request.

Paul Monet Fontaine v. State of Indiana (NFP)

45A03-1211-CR-476
Criminal. Affirms sentence for Class C felony forgery.

Cecilia Kelly v. GEPA Hotel Owner Indianapolis LLC, GEPA Hotel Operator Indianapolis LLC, and Schindler Elevator Corporation (NFP)
49A04-1210-CT-509
Civil tort. Reverses grant of summary judgment in favor of GEPA Hotel Owners Indianapolis, GEPA Hotel Operator and Schindler Elevator Corp. on Kelly’s negligence lawsuit.

David L. Howard v. State of Indiana (NFP)

46A04-1212-PC-639
Post conviction. Affirms denial of petition for post-conviction relief.

Dana L. Smith v. James L. Smith (NFP
)
49A05-1210-DR-554
Domestic relation. Affirms order denying Dana Smith’s motion to correct error following the entry of the decree dissolving the Smiths’ marriage. Remands with instructions for the trial court to add an exhibit nunc pro tunc and to redistribute the decree to the parties.

The Indiana Supreme Court and Tax Court posted no 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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