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Opinions July 15, 2013

July 15, 2013
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Indiana Court of Appeals
Tuan Chu v. State of Indiana
49A04-1210-CR-495
Criminal. Affirms convictions for three counts of Class D felony evasion of income tax, three counts of Class D felony theft, and one county of Class D felony failure to remit or collect sales tax. Chu appealed on the grounds that the nonpayment penalty of $280,326.62 and his criminal convictions violated double jeopardy principles. The COA stated it was not convinced that the nonpayment penalties were punishments for double jeopardy purposes and it disagreed with Chu’s assertion that the imposition of the nonpayment penalties was conditioned on the commission of a crime.

Darnell Chivers v. State of Indiana (NFP)
24A01-1205-PC-206
Post conviction. Reaffirmed the denial of post-conviction relief. In a rehearing clarifying its earlier opinion, the COA reaffirmed in all respects. Found Chivers was not denied effective assistance from counsel and his guilty plea was voluntary.

Jeffrey E. Howell v. State of Indiana (NFP)
47A05-1211-CR-590
Criminal. Affirms denial of Howell’s motion for the return of a laptop computer, data storage devices and other laptop accessories seized by law enforcement.

Gary McCoy v. Sandra Kay Roberts (NFP)
48A04-1211-DR-590
Domestic relation. Affirms denial of McCoy’s motion pursuant to Trial Rule 60(B)(8). Concluded McCoy did not show prima facie error with regard to the denial.

Andre Hairston v. State of Indiana (NFP)
02A05-1211-CR-601
Criminal. Affirms Hairston’s two convictions for dealing in cocaine as Class B felonies.

Andrew Albert Graovac v. State of Indiana (NFP)
29A02-1208-CR-652
Criminal. Affirms conviction for resisting law enforcement as a Class A misdemeanor. http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2013/july/07151302.lmb.pdf

Mack A. Sims v. State of Indiana (NFP)
20A03-1210-PC-431
Post Conviction. Affirms denial of post-conviction relief. Found the state’s nondisclosure that the victim had undergone hypnosis to sharpen his recollection of the shooting did not materially affect the outcome of Sims’ trial.

Marc A. Anderson v. State of Indiana (NFP)
03A01-1302-CR-75
Criminal. Affirms revocation of probation. Ruled the lower court did not abuse its discretion in determining Anderson’s sanction for violating the terms of his probation.

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