ILNews

Opinions June 15, 2010

June 15, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Jeffrey D. Boggs v. State of Indiana
40A01-0907-CR-346
Criminal. Affirms convictions of and 40-year sentence for Class B felony attempted dealing in methamphetamine, two counts of Class C felony possession of a precursor while in possession of a firearm, Class D felony possession of methamphetamine, Class A misdemeanor possession of marijuana, and finding that Boggs is a habitual offender. The police officer had a legitimate reason for being on Boggs’ property and didn’t move anything to observe the gas tank inside of Boggs’ car. The state presented sufficient evidence to prove the identity of the substances found and to support the habitual offender finding. Remands for the trial court to correct the sentencing order.

Paul Morris v. State of Indiana (NFP)
42A04-0912-CR-724
Criminal. Affirm convictions of Class C felony burglary and Class A misdemeanor resisting law enforcement.

David Eugene Ball v. State of Indiana (NFP)
48A02-0909-CR-940
Criminal. Affirms termination of work release.

Lonnie Ray Stone v. State of Indiana (NFP)
79A02-1001-CR-91
Criminal. Affirms Class C misdemeanor conviction of operating a vehicle with a blood alcohol content of at least 0.08 but less than 0.015.

Percy L. Lipscomb, Jr. v. State of Indiana (NFP)

29A05-1002-CR-54
Criminal. Affirms sentence following guilty plea to Class C felony forgery.

Roderick M. Walsh v. State of Indiana (NFP)
57A03-0911-CR-506
Criminal. Affirms conviction of Class A misdemeanor driving while intoxicated.

Andres Sanchez v. State of Indiana (NFP)
20A04-0912-CR-720
Criminal. Affirms convictions of and sentence for three counts of Class A felony child molesting.

Michael Landon Deneal v. State of Indiana (NFP)
45A03-0912-CR-569
Criminal. Affirms sentence following guilty plea to Class C felony burglary.

Kelly Swegman v. State of Indiana (NFP)
49A04-0912-PC-738
Post conviction. Affirms denial of petition for post-conviction relief.

Brandon Puckett v. State of Indiana (NFP)

49A02-0911-CR-1110
Criminal. Affirms denial of motion to withdraw guilty plea.

Indiana Tax Court had posted no opinions at IL deadline.

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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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