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Opinions March 26, 2012

March 26, 2012
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7th Circuit Court of Appeals had issued no opinions at IL deadline.

Indiana Court of Appeals
Lavern Ceaser v. State of Indiana
49A02-1106-CR-580
Criminal. Affirms trial court’s denial of Ceaser’s motion to dismiss, holding that her prior conviction for battering the same child in the same manner similar to the underlying incident was admissible under the intent and lack of accident or mistake exceptions to Indiana Evidence Rule 404(b). Further holds evidence at trial was sufficient to rebut her claim of parental privilege.

Adrien Newson v. State of Indiana (NFP)
49A02-1103-CR-254
Criminal. Affirms conviction of and sentence for Class A felony dealing in cocaine. Reverses charges for Class C felony possession of cocaine and firearm conviction and remands to the trial court to vacate those convictions, holding they are lesser offenses included in the Class A felony charge.

Lawrence Roper v. State of Indiana (NFP)
53A02-1108-CR-808
Criminal. Affirms sentence for two counts of Class B felony dealing in cocaine.

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

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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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