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Opinions March 2, 2012

March 2, 2012
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.

Indiana Court of Appeals

Brian Scott Hartman v. State of Indiana
68A01-1106-CR-264
Criminal. Affirms the denial of Hartman’s motion to suppress a statement he made to the police regarding involvement in the death of his father. Hartman initiated further communication by asking whether the search warrant had been served and whether anything had been found, and then told the detective that he wanted to speak with him.

Tonya J. Clark v. Review Board of the Dept. of Workforce Development and PCI Holdings, LLC (NFP)
93A02-1108-EX-800
Agency appeal. Affirms denial of unemployment benefits.

Gary W. Moody v. City of Franklin (NFP)
41A04-1106-PL-294
Civil plenary. Dismisses the denial of a petition for preliminary injunction against Franklin.

1st Call Home Health LLC and Cardinal Health Systems, Inc. v. Pamela Porter and Abbott Laboratories, Inc. (NFP)
18A05-1110-PL-528
Civil plenary. Affirms denial of summary judgment in a suit filed 1st Call Home Health and Cardinal Health Systems filed by Pamela Porter.

Bryan Keith Hughes v. State of Indiana (NFP)
06A04-1106-CR-385
Criminal. Affirms convictions of and sentence for Class B felony attempted rape and Class D felonies domestic battery and criminal confinement.

Derek Rucker v. State of Indiana (NFP)
49A05-1107-CR-349
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Bernard O. Tidey v. State of Indiana (NFP)
66A05-1110-CR-560
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated in a manner that endangers a person.

Dennis L. Lewis v. State of Indiana (NFP)
48A02-1108-CR-744
Criminal. Affirms sentence for Class C felony operating a motor vehicle with an ACE of 0.08 or more.

Chadd B. Langston v. State of Indiana (NFP)
18A02-1105-CR-466
Criminal. Affirms conviction of conspiracy to commit robbery as a Class C felony as well as adjudication as a habitual offender.
 

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  1. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  2. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  3. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  4. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  5. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

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