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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. 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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