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. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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