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. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

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