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Opinions March 25, 2011

March 25, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
William Hurt v. State of Indiana
82A04-1006-CR-414
Criminal. Affirms Hurt’s conviction of Class C felony reckless disregard of a traffic control device in a highway workzone resulting in death, ruling that Hurt had seen the traffic controls repeatedly on his several trips through the workzone, prior to the fatal crash. Reverses Hurt’s conviction for Class C felony reckless operation of a vehicle in a highway workzone resulting in death, on double jeopardy grounds.

Timothy D. Sexton v. Donna M. (Sexton) Sedlak
49A04-1005-DR-330
Domestic relation. Affirms trial court’s decision to deny retroactive modification of father’s child support obligation prior to the filing date of his petition to modify, ruling the trial court did not abuse its discretion in choosing June 12, 2009, as the effective date for modification. Affirms trial court’s decision denying father’s petition for emancipation. Reverses trial court’s child support obligation of $117 per week and remands with instructiosn to determine Sexton's support obligation in light of child T.S.'s income. Judge Kirsch dissents.

Brian Calaway v. State of Indiana (NFP)
49A02-1008-CR-953
Criminal. Affirms conviction of Class D felony theft and Class A misdemeanor battery.

Term. of Parent-Child Rel. of J.M.; B.M. v. IDCS (NFP)
32A01-1008-JT-455
Juvenile termination of parental rights. Affirms order terminating father’s parental rights.

Douglas (Sommers) Summers v. State of Indiana (NFP)
34A02-1007-CR-876
Criminal. Affirms sentence for Class D felony sexual battery.

Term. of Parent-Child Rel. of S.W.; C.W. v. IDCS (NFP)
49A02-1007-JT-913
Juvenile termination of parental rights. Affirms juvenile court’s order terminating mother’s parental rights.

Bronco L. Morgan v. State of Indiana (NFP)
20A04-1008-CR-577
Criminal. Affirms conviction of and sentence for Class A felony attempted murder.

Indiana Tax Court had posted no opinions at 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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