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Opinions July 16, 2012

July 16, 2012
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7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals
M & M Investment Group, LLC v. Ahlemeyer Farms, Inc. and Monroe Bank
03A04-1112-CC-639
Civil collection. Affirms trial court order denying M&M’s petition for a tax deed for property of which Monroe Bank was the mortgagee, holding that the court properly denied the petition. Finds that the Indiana pre-tax-sale notice statute violates the Due Process Clause of the 14th Amendment.

Kyle L. Doolin v. State of Indiana
32A01-1111-CR-545
Criminal. Affirms trial court conviction of possession of marijuana as a Class A misdemeanor, holding that the trial court did abuse its discretion when it admitted into evidence the results of an in-court field test of a substance alleged to be marijuana, but the error was harmless.

In Re: The Paternity of J.D. and D.D.; B.D. (Father) v. C.H. (Mother) (NFP)
76A04-1111-JP-580
Juvenile/paternity. Reverses and remands, holding that the trial court abused its discretion in excluding from evidence a custody evaluation report to determine parenting time.

James W. Hamilton v. State of Indiana (NFP)
32A05-1110-CR-599
Criminal. Affirms revocation of probation.

Stephen Duane Rush v. State of Indiana (NFP)
48A02-1112-CR-1091
Criminal. Affirms trial court conviction and 149-year aggregate sentence for murder, three counts of Class A felony attempted murder, and Class C felony failure to stop after an accident resulting in injury and death.

Timothy Leon Jester v. State of Indiana (NFP)
02A05-1112-CR-701
Criminal. Reverses conviction of Class C felony operating a vehicle after a lifetime suspension, finding that the state did not prove that Jester had a lifetime suspension at the time of the offense.

Austin Brown v. State of Indiana (NFP)
28A01-1112-CR-611
Criminal. Affirms trial court convictions of two Class C felony counts of sexual misconduct with a minor.
 

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