ILNews

Opinions July 7, 2011

July 7, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
N.K. v. Review Board
93A02-1012-EX-1431
Civil. Reverses determination by the Review Board of the Indiana Department of Workforce Development that a worker fired for taking leftovers was not entitled to unemployment benefits.

Thomas A. Peel v. State of Indiana
76A05-1012-CR-809
Criminal. Affirms trial court’s denial of motion to withdraw guilty plea, holding that Peel did not tender a proper written motion to the court.

Christopher Hovis v. State of Indiana

02A03-1101-CR-47
Criminal. Dismisses appeal of trial court’s denial of belated motion to correct error pursuant to Indiana Post-Conviction Rule 2(2). Holds that at the time of defendant’s sentencing, existing caselaw supported a direct appeal of any perceived sentencing errors after a plea of guilty and that Hovis is therefore not entitled to a second direct appeal.

Vernon D. Hall v. State of Indiana (NFP)
57A04-1012-CR-797
Criminal. Affirms sentence for Class B felony burglary.

Tyrone A. Thompson v. State of Indiana (NFP)
49A04-1011-CR-694
Criminal. Affirms sentence for Class D felony criminal recklessness with a deadly weapon, Class A misdemeanor battery, and Class C felony battery.

Donald L. Helton v. State of Indiana (NFP)

34A04-1012-CR-805
Criminal. Affirms conviction of Class B felony possession of methamphetamine within 1,000 feet of a family housing complex and Class D felony possession of marijuana.

Rick W. Bagby, II v. Carla M. Bagby (NFP)

82A01-1011-DR-609
Divorce resolution. Affirms trial court’s grant of mother’s petition to modify custody.

Indiana Tax Court had posted no opinions at IL deadline.

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  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

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