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Opinions March 12, 2013

March 12, 2013
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Indiana Supreme Court
Curtis A. Bethea v. State of Indiana
18S05-1206-PC-304
Post conviction. Affirms trial court denial of post-conviction relief, holding that Curtis Bethea, who pleaded guilty to armed robbery and criminal confinement in a deal that dropped seven other felony counts, was not improperly denied post-conviction relief when a judge considered evidence of charges that were dismissed.

Indiana Court of Appeals
Henry Keith Holloway v. State of Indiana (NFP)
71A05-1202-CR-58
Criminal. Affirms conviction of Class C felony operating a vehicle after lifetime suspension and Class A misdemeanor operating a vehicle while intoxicated.

Jennifer Duff v. State of Indiana (NFP)

89A01-1206-CR-280
Criminal. Affirms aggregate executed sentence of 18 years in prison for conviction of one Class B felony count of dealing in a Schedule I controlled substance; eight counts of Class C felony forgery; one count of Class C felony robbery; five counts of Class D felony theft; and three counts of Class C felony fraud.

Brian L. Spurlock, Sally M. Spurlock v. Morequity, Inc. (NFP)

29A04-1207-MF-345
Mortgage foreclosure. Dismisses appeal from an entry of a foreclosure judgment against the Spurlocks.

Kevin Burrell v. State of Indiana (NFP)

71A05-1208-CR-434
Criminal. Affirms conviction and aggregate sentence of 105 years in prison for two counts of Class A felony attempted murder, Class C felony criminal recklessness and a criminal gang activity sentence enhancement.

Kenneth D. Helton v. State of Indiana (NFP)

47A01-1205-CR-200
Criminal. Affirms convictions of Class B felony dealing in methamphetamine, Class D felony possession of marijuana and Class D felony maintaining a common nuisance, remanding to the trial court to correct a sentencing error. The appeals panel left in place an aggregate sentence of 23 years in prison but instructed the trial court to enhance the dealing in methamphetamine conviction by eight years instead of sentencing him separately for being a habitual substance offender.

John Ivy v. State of Indiana (NFP)
18A02-1205-PC-378
Post conviction. Affirms denial of post-conviction relief from a 65-year sentence for a conviction of murder, concluding the post-conviction court erred in finding that Ivy had waived two issues, but notwithstanding that error, Ivy failed to demonstrate he was entitled to post-conviction relief on any of his claims.

Gary Gardner v. State of Indiana (NFP)

49A05-1207-PC-379
Post conviction. Affirms in a divided opinion denial of post-conviction relief from a 90-year sentence for three counts of Class A felony child molesting, one count of Class C felony child molesting, and one count of Class C felony child exploitation. Senior Judge Betty Barteau and Judge Terry Crone formed the majority from which Judge Elaine Brown dissented, concluding that Gardner demonstrated ineffective counsel assistance because his appellate counsel failed to raise an issue related to the length of his sentence. Brown would find the trial court thus erred and remand for further proceedings.

Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
 

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  1. That comment on this e-site, which reports on every building, courtroom or even insignificant social movement by beltway sycophants as being named to honor the yet-quite-alive former chief judge, is truly laughable!

  2. Is this a social parallel to the Mosby prosecutions in Baltimore? Progressive ideology ever seeks Pilgrims to burn at the stake. (I should know.)

  3. The Conour embarrassment is an example of why it would be a good idea to NOT name public buildings or to erect monuments to "worthy" people until AFTER they have been dead three years, at least. And we also need to stop naming federal buildings and roads after a worthless politician whose only achievement was getting elected multiple times (like a certain Congressman after whom we renamed the largest post office in the state). Also, why have we renamed BOTH the Center Township government center AND the new bus terminal/bum hangout after Julia Carson?

  4. Other than a complete lack of any verifiable and valid historical citations to back your wild context-free accusations, you also forget to allege "ate Native American children, ate slave children, ate their own children, and often did it all while using salad forks rather than dinner forks." (gasp)

  5. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

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