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Opinions June 21, 2010

June 21, 2010
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The 7th Circuit Court of Appeals’ website was unavailable at IL deadline.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals

Philip Cleer v. State of Indiana
49A02-0912-CR-1193
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle with a blood alcohol content between 0.08 and 0.15. Cleer didn’t establish that the operation of a sobriety checkpoint violates the separation of powers provision of the Indiana Constitution.

Leo D. Youngblood v. State of Indiana (NFP)
48A02-0911-CR-1114
Criminal. Affirms sentence following guilty plea to Class B felony dealing in cocaine.

Randolph Bishop v. State of Indiana (NFP)
49A04-0911-CR-653
Criminal. Affirms convictions of Class C felony battery and Class A misdemeanor domestic battery.

Cherrice Avant v. State of Indiana (NFP)
29A05-1002-CR-64
Criminal. Affirms Class D felony theft conviction.

Bradley Baker v. State of Indiana (NFP)
49A04-0910-CR-611
Criminal. Affirms convictions of two counts of Class C felony failure to register as a sex offender.

Guardianship of Carrie Etta McGoffney, an Incapacitated Adult (NFP)
84A01-0906-CV-266
Civil. Affirms appointment of Ivy McGoffney as guardian over her mother, Carrie Etta McGoffney.

Kassahun T. Metaferia v. John Ancelet (NFP)

49A02-0908-CV-813
Civil. Affirms jury verdict in favor of Ancelet that concluded Metaferia was 65 percent at fault for the car accident. Metaferia isn’t entitled to a new trial.

Marcel Roundtree v. State of Indiana (NFP)
18A04-0910-CR-577
Criminal. Affirms convictions of theft and possession of a controlled substance as Class D felonies.

Richard A. Brown v. Mary Brown Whitledge (NFP)

82A01-0912-CV-608
Civil. Affirms grant of petition to modify child custody filed by Whitledge.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. 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?

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  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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