ILNews

Opinions June 7, 2011

June 7, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Michael J. Gaby v. State of Indiana
79A02-1006-CR-804
Criminal. Reverses conviction of Class A felony child molesting and remands for new trial, stating the trial court erred in permitting the state to refresh the victim’s recollection by allowing her to read a previous statement she made. Holds that retrial will not violate double jeopardy grounds because sufficient evidence exists to support conviction.

Uniontown Retail #36, LLC, d/b/a The Lion's Den #36 v. Board of Commissioners of Jackson County
36A01-1008-MI-434
Miscellaneous. Affirms trial court’s order granting motion for summary judgment filed by the Board of Commissioners of Jackson County and permanently enjoining Uniontown Retail, doing business as The Lion’s Den, from operating a sexually oriented business at its current location. The Lion’s Den did not satisfy its burden of demonstrating that the ordinances are constitutionally overbroad.

Patrick Jackson v. State of Indiana (NFP)
49A02-1009-CR-1031
Criminal. Affirms conviction of Class C felony battery.

A.R. v. State of Indiana (NFP)
03A04-1012-JV-786
Juvenile. Affirms adjudication finding A.R. to be delinquent.

Term. of Parent-Child Rel. of R.L.; C.L. v. I.D.C.S. (NFP)
05A02-1012-JT-1411
Juvenile. Affirms termination of mother’s parental rights.

Edward L. Weaver v. State of Indiana (NFP)
49A02-1009-CR-954
Criminal. Affirms conviction of Class B felony burglary.

Owen Cobbum, et al. v. Town of Cromwell (NFP)
57A03-1009-PL-486
Civil plenary. Affirms trial court’s judgment in favor of the Town of Cromwell.

Joshua Garrard v. State of Indiana (NFP)
55A01-1101-CR-10
Criminal. Affirms sentence for Class D felony theft.

Jason Q. Daugherty v. State of Indiana (NFP)
69A05-1011-CR-743
Criminal. Affirms conviction of and sentence for Class B felony conspiracy to manufacture methamphetamine.

Phillip Spratt v. State of Indiana (NFP)
79A02-1006-CR-667
Criminal. Vacates conviction of Class B felony possession of cocaine. Affirms convictions of two counts of Class A felony dealing in cocaine and revises sentence to two concurrent 30-year sentences.

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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