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Opinions March 14, 2013

March 14, 2013
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Indiana Court of Appeals
Michael Bowser v. State of Indiana

71A03-1208-CR-361
Criminal. Affirms two convictions of Class C felony battery by means of a deadly weapon. The trial court did not abuse its discretion by denying Bowser’s motion for severance and there is sufficient evidence to sustain the convictions.

Gersh Zavodnik v. Brian Richards and Njgolfman.com a/k/a Savva's Golf Enterprises a/k/a ProGolfJerseyCity@yahoo.com and, Steve Panayiotov a/k/a Steve Panayiotou a/k/a Savva Panayiotou
49A02-1209-CC-750
Civil collection. Affirms dismissal of lawsuits against Giselle Guzman, Brian Richards and Steve Panayiotou. The lawsuits were similar to previous lawsuits that had been dismissed without prejudice under Indiana Trial Rule 41(E).

Sherri A. Cornejo v. Review Board of the Indiana Department of Workforce Development and Houchens Food Group, Inc. (NFP)
93A02-1210-EX-786
Agency action. Affirms determination Cornejo is ineligible for unemployment insurance benefits.

Citizens Financial Bank v. Richard Cooper and Peggy Cooper (NFP)

45A04-1208-PL-411
Civil plenary. Affirms grant of motion for garnishment order filed by Richard and Peggy Cooper.

Richard Lindsey v. City of Clinton, Indiana (NFP)
83A05-1206-MI-317
Miscellaneous. Affirms decision of the Police Department Merit Board for the city of Clinton to terminate Lindsey’s employment as a police officer.

John F. Minter-Bey III v. State of Indiana (NFP)

49A05-1205-PC-269
Criminal. Affirms denial of petition for post-conviction relief.

Heath Lord v. Ashley Lord (NFP)
32A04-1208-PO-422
Protective order. Reverses denial of Heath Lord’s motion to correct error, which challenged the issuance of a protective order against him.

Bennie Chamberlain v. State of Indiana (NFP)

79A02-1208-CR-670
Criminal. Affirms sentence for Class C felonies stalking and criminal confinement, two counts of Class D felony residential entry, Class A misdemeanors battery and invasion of privacy and Chamberlain’s status as a habitual offender.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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