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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. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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