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Opinions July 6, 2012

July 6, 2012
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Indiana Supreme Court and Indiana Tax Court released no opinions before IL deadline.

7th Circuit Court of Appeals
U.S. v. Justin Cephus, Jovan Stewart, and Stanton L. Cephus
10-3838, 10-3840, 11-1098
Criminal. Affirms in a case involving conspiracy to entice underage girls to engage in prostitution and transport them across state lines the life sentences without parole of multiple convictions for Justin and Stanton Cephus. The order remands to the trial court to enable the judge to reconcile a discrepancy in Stewart’s sentence of 324 months in federal prison. The judge said Stewart’s sentences were to be served consecutively; the written order indicates the sentences are concurrent.

U.S. v. Armando Mota
10-1486
Criminal. Affirms Mota’s conviction of attempting to distribute 500 grams or more of cocaine and possessing with intent to distribute 500 grams or more of cocaine, holding that while a government agent failed to record and relay exculpatory evidence, Mota was not denied a fair trial because he learned of the evidence and presented it to the jury.

Indiana Court of Appeals
Charles Hazelbaker v. State of Indiana (NFP)
53A05-1111-CR-636
Criminal. Affirms trial court conviction of Class C felony incest and determination of defendant as a habitual offender.

Santos C. Lopez v. State of Indiana (NFP)
71A03-1109-CR-480
Criminal. Affirms trial court conviction of Class B felony unlawful possession of a firearm by a serious violent felon.

In the Paternity of: A.R. & P.H., by Next Friend, Tammy Raab; Christopher Hall v. Tammy Raab (NFP)
49A05-1111-JP-577
Domestic relations/child support. Affirms trial court calculation of father’s child support payments to mother.

Alea London, Ltd. v. Richard Nagy, Jr., and Christopher Buckler (NFP)
45A05-1202-CT-83
Civil tort. Reverses and remands the trial court grant of summary judgment for Nagy and Butler and orders entry of summary judgment in favor of Alea London Ltd.

James Daher, Jr. v. State of Indiana (NFP)
56A03-1201-CR-32
Affirms trial court denial of motion for relief from judgment of conviction of Class B felony conspiracy to commit escape with a deadly weapon.
 

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  1. Contact Lea Shelemey attorney in porter county Indiana. She just helped us win our case...she is awesome...

  2. We won!!!! It was a long expensive battle but we did it. I just wanted people to know it is possible. And if someone can point me I. The right direction to help change the way the courts look as grandparents as only grandparents. The courts assume the parent does what is in the best interest of the child...and the court is wrong. A lot of the time it is spite and vindictiveness that separates grandparents and grandchildren. It should not have been this long and hard and expensive...Something needs to change...

  3. Typo on # of Indiana counties

  4. The Supreme Court is very proud that they are Giving a billion dollar public company from Texas who owns Odyssey a statewide monopoly which consultants have said is not unnecessary but worse they have already cost Hoosiers well over $100 MILLION, costing tens of millions every year and Odyssey is still not connected statewide which is in violation of state law. The Supreme Court is using taxpayer money and Odyssey to compete against a Hoosier company who has the only system in Indiana that is connected statewide and still has 40 of the 82 counties despite the massive spending and unnecessary attacks

  5. Here's a recent resource regarding steps that should be taken for removal from the IN sex offender registry. I haven't found anything as comprehensive as of yet. Hopefully this is helpful - http://www.chjrlaw.com/removal-indiana-sex-offender-registry/

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