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Opinions June 13, 2012

June 13, 2012
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The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:
Michael W. Baker v. State of Indiana
89S01-1109-CR-543
Criminal. Affirms conviction of Class B felony burglary, finding the evidence suggesting that Baker opened cupboards and drawers in the kitchen is enough to support a reasonable inference that the defendant entered the church with intent to commit theft inside.

Wednesday’s opinions
7th Circuit Court of Appeals

United States of America v. Cristofer Tichenor
11-2433
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker
Criminal. Affirms 300-month sentence following guilty plea to armed robbery and discharging a firearm in connection with robbing a bank. Rejects Tichenor’s argument that the career offender sentencing guideline is unconstitutionally vague, finding that the guidelines are not susceptible to vagueness challenges and the U.S. Sentencing Commission did not exceed its authority by promulgating the “crime of violence” definition.

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

Indiana Court of Appeals

In Re the Matter of: B.N. and H.C., Children in Need of Services; M.C. v. Marion Co. Dept. of Child Services and Child Advocates, Inc.
49A02-1110-JC-1025
Juvenile. Reverses determination that children are in need of services. There is insufficient evidence to support the determination that the children’s physical or mental conditions were seriously impaired or endangered as a result of the inability, refusal or neglect of the parent to supply the children with food, clothing, shelter, medical care, education or supervision.

Anthony D. Gorman v. State of Indiana
49A05-1110-CR-556
Criminal. Affirms convictions of two counts of Class B felony robbery while armed with a deadly weapon. There is sufficient evidence to support his convictions.

Dennis Jack Horner v. Marcia (Horner) Carter
34A02-1111-DR-1029
Domestic relation. Affirms denial of Horner’s request to modify the terms of a mediated settlement agreement. Alternative Dispute Resolution Rule 2.11 and Indiana Evidence Rule 408 allow the introduction of mediation communications to establish traditional contract defenses, so the trial court erred in excluding the evidence of mediation communications to establish that a mistake occurred in drafting the agreement.  But his testimony about the mediation communications falls short of establishing any mistake that might entitle him to relief, so this was a harmless error. The trial court properly determined that the agreement in this case provided for a property settlement that survived Carter’s remarriage.

Chad Stewart v. State of Indiana (NFP)
79A02-1110-CR-972
Criminal. Affirms sentence following guilty plea to two counts of Class B felony child molesting.

Auto Liquidation Center, Inc. v. McKesha Bates (NFP)
02A03-1111-SC-553
Small claim. Affirms judgment in favor of Bates on her breach of contract and criminal conversion claims. Remands for calculation of appellate attorney fees owed to Bates.

Carl D. Jackson, Jr. v. State of Indiana (NFP)
20A03-1111-CR-500
Criminal. Affirms conviction of Class D felony battery.

Anthony Michael Beck and Sandra Beck, natural parents and next friends of Jacob Leslie Beck, minor v. Scott Memorial Hospital and Larry Hunefeld, M.D. (NFP)
72A01-1107-CC-293
Civil collection. Affirms grant of a motion in limine filed by Scott Memorial Hospital.

 

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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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