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Opinions March 7, 2012

March 7, 2012
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The 7th Circuit Court of Appeals, Indiana Supreme Court and Indiana Tax Court had no opinions at IL deadline.

Indiana Court of Appeals

Angela C. Garrett v. State of Indiana
32A05-1105-CR-239
Criminal. Reverses Class A felony conviction of dealing methamphetamine, finding that the trial court should have instructed the jury on a lesser-included offense of possession of methamphetamine. Remands for a new trial.

Ronald E. Izynski and Linda Izynski, et al. v. Chicago Title Insurance Company
45A04-1006-PL-277
Civil plenary. Reverses trial court’s judgment in favor of Chicago Title, remanding for the court to determine whether the Izynskis might have an action for negligent misrepresentation against Chicago Title regarding a real estate easement dispute, and if so whether the elements of that tort are satisfied and to what extent they sustained damages.

Antwain D. Sanders v. State of Indiana (NFP)
71A03-1107-CR-313
Criminal. Affirms conviction of Class D felony resisting law enforcement with a vehicle, finding the evidence was sufficient to support the conviction.  

Clinton E. Sams v. State of Indiana (NFP)
89A05-1108-CR-403
Criminal. Affirms conviction for Class B felony dealing in a controlled substance and trial court’s finding that defendant is a habitual offender.

Deer Park Management v. Giovanni Zanovello (NFP)
53A01-1104-SC-161
Small claims. Affirms judgment in favor of tenant Giovanni Zanovello, as Deer Park Management did not provide him with timely notice in a move-out letter. Judge Carr Darden dissents, finding the move-out letter was timely and he would reverse the trial court’s decision.
 
Term. of Parent-Child Rel. of M.B., J.B., & T.B.; Y.B. v. Indiana Dept. of Child Services, and Child Advocates, Inc. (NFP)
49A02-1104-JT-397
Parental rights termination. Affirms involuntary termination of parental rights to two children, finding clear and convincing evidence to support the judgment.

Marquis T. Hawkins v. State of Indiana (NFP)
02A03-1108-CR-441
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement, finding sufficient evidence to support the determination that defendant knowingly fled from authorities.
 

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  1. 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"

  2. 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.

  3. This article is excellent and should be required reading for all attorneys and would-be attorneys, regardless of age or experience. I've caught myself committing several of the errors mentioned.

  4. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

  5. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

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