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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. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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