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Opinions July 15, 2011

July 15, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Estate of Wilgus S. Gibbs, Sr.
81A01-1011-ES-560
Estate. Affirms grant of summary judgment in favor of Wilgus Gibbs Jr., individually and as a personal representative of the estate and executor of the will of Wilgus Gibbs Sr. Gibbs Sr.’s granddaughters failed to rebut the presumption of regularity in the execution of his will that is established by the self-proving clause. There is also no evidence of undue influence or that the will was the result of a mistake or fraud.

Charles Meek v. State of Indiana
49A02-1009-CR-964
Criminal. Affirms denial of Meek’s motion to suppress evidence discovered during a warrantless search of him during a Terry stop of his car. Meek’s admittance to smoking marijuana earlier in the day and to having a handgun on him, along with the police officer’s failure to find the source of the odor in the car and the absence of marijuana on his passenger, supported the subsequent and more thorough pat-down search of Meek that led to the discovery of contraband.

Myron Pryor v. State of Indiana (NFP)
49A02-1009-CR-1176
Criminal. Affirms denial of petition for permission to file a belated notice of appeal.

Shamar D. Shelton v. State of Indiana (NFP)
02A03-1010-CR-571
Criminal. Affirms conviction of Class D felony receiving stolen property.

Term. of Parent-Child Rel. of A.M.C.; A.C. v. I.D.C.S. (NFP)
28A01-1102-JT-81
Juvenile. Affirms involuntary termination of parental rights.

Meshach Berry v. State of Indiana (NFP)
49A02-1011-CR-1218
Criminal. Reverses denial of permission to file a belated notice of appeal. Remands for further proceedings.

Jason L. Clark v. State of Indiana (NFP)
49A02-0810-CR-949
Criminal. Affirms convictions of murder, Class D felony criminal recklessness, and Class A misdemeanor carrying a handgun without a license.

Gary Singleton v. State of Indiana (NFP)
20A03-1010-CR-575
Criminal. Affirms convictions of Class A felony dealing in cocaine and Class A misdemeanor possession of marijuana.

Rodney R. Jett v. State of Indiana (NFP)
24A01-1012-CR-24
Criminal. Affirms sentence of six years for Class C felony battery.

Aaron Fromer v. State of Indiana (NFP)
03A04-1008-CR-520
Criminal. Affirms denial of petition for additional credit time.

Jeffrey Cole v. State of Indiana (NFP)
49A02-1011-CR-1215
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.

Shane Cummings v. State of Indiana (NFP)
20A03-1009-CR-537
Criminal. Affirms convictions of five counts of child molesting – one as a Class C felony, three as Class A felonies, and one as a Class B felony.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. 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.

  2. 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.

  3. 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)

  4. 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)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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