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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 can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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