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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. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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