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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. "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! :/

  2. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  3. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  4. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  5. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

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