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Opinions March 29, 2011

March 29, 2011
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Indiana Supreme Court
Edward Dawson v. State of Indiana
49S02-1103-CR-176
Criminal. Rules that the Indiana Court of Appeals was correct in declining Edward Dawson’s belated appeal of the trial court’s decision to revoke Dawson’s probation and impose a six-year sentence. States that the COA correctly decided that belated appeals from orders revoking probation are not presently available pursuant to Post-Conviction Rule 2, as the sanction imposed when probation is revoked does not qualify as a “sentence” under the rule, and therefore Dawson is not an “eligible defendant.” Grants transfer and adopts and incorporates by reference the opinion of the Court of Appeals under Appellate Rule 58(A)(1).

Indiana Court of Appeals
Mike Hawa v. Gerald R. Moore
87A01-1007-SC-344
Small claim. Affirms small claims court ruling in favor of a countersuit against property owner Mike Hawa, stating Hawa failed to provide contractor Gerald Moore with adequate assurance that Hawa would pay him for his services. States that small claims court erred by awarding Moore the cost of transporting materials after the lawsuit was filed, saying Moore should have used reasonable diligence to mitigate. Reverses with instructions to reduce Moore’s damage award amount.

Connie Brumley, et al. v. Commonwealth Business College Education Corp. d/b/a Brown Mackie College
45A04-1002-CT-66
Civil tort. Affirms trial court’s order compelling arbitration, ruling that the plaintiffs’ actions challenge Brown Mackie’s entire enrollment agreement, not just its arbitration clause. Judge Barnes concurs in a separate opinion.

Ricky D. Whitaker v. Travis M. Becker, et al.
02A03-1006-CT-303
Civil tort. Reverses trial court’s decision to deny Ricky Whitaker’s motion to correct error, stating the court’s decision was an abuse of discretion. Reverses trial court’s decision dismissing the case and awarding $3,700 to Becker’s counsel as reasonable attorney fees for unacceptable conduct. Orders sanction of Whitaker’s counsel with orders to pay $625 in reasonable attorney fees to Becker’s counsel, and remands for further consideration.

Francisco Ponce v. State of Indiana (NFP)
49A05-1008-CR-492
Criminal. Affirms trial court’s sentencing of Francisco Ponce on convictions of two counts of Class B felony aggravated battery, Class C felony battery, Class A misdemeanor resisting law enforcement, and Class C felony carrying a handgun without a license.

Eddie J. Williams, Jr. v. State Employees' Appeals Commission (NFP)
49A02-1011-MI-1269
Miscellaneous. Affirms trial court’s dismissal of appellant’s petition for judicial review of a decision by the State Employees’ Appeals Commission.

The Indiana Tax Court had posted no opinions at IL deadline.

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  1. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  2. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

  3. If our State Government would sue for their rights to grow HEMP like Kentucky did we would not have these issues. AND for your INFORMATION many medical items are also made from HEMP. FOOD, FUEL,FIBER,TEXTILES and MEDICINE are all uses for this plant. South Bend was built on Hemp. Our states antiquated fear of cannabis is embarrassing on the world stage. We really need to lead the way rather than follow. Some day.. we will have freedom in Indiana. And I for one will continue to educate the good folks of this state to the beauty and wonder of this magnificent plant.

  4. Put aside all the marijuana concerns, we are talking about food and fiber uses here. The federal impediments to hemp cultivation are totally ridiculous. Preposterous. Biggest hemp cultivators are China and Europe. We get most of ours from Canada. Hemp is as versatile as any crop ever including corn and soy. It's good the governor laid the way for this, regrettable the buffoons in DC stand in the way. A statutory relic of the failed "war on drugs"

  5. Cannabis is GOOD for our PEOPLE and GOOD for our STATE... 78% would like to see legal access to the product line for better Hoosier Heath. There is a 25% drop in PAIN KILLER Overdoses in states where CANNABIS is legal.

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