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Opinions May 10, 2012

May 10, 2012
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7th Circuit Court of Appeals posted no opinions at IL deadline.

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

Indiana Court of Appeals

Allison Riggle v. State of Indiana
49A05-1109-CR-472
Criminal. Reverses conviction of Class A misdemeanor possession of marijuana. The traffic stop was invalid because Riggle did not commit a traffic violation. Remands with instructions to vacate her conviction.

Latisha Lawson v. State of Indiana
02A03-1107-CR-350
Criminal. Affirms convictions of murder, Class C felony neglect of a dependent, Class D felony neglect of a dependent and Class D felony battery. There is sufficient evidence to support the jury’s rejection of Lawson’s insanity defense.

Thomas A. Neu and Elizabeth A. Neu, and Wells Fargo Bank, N.A. v. Brett Gibson
49A02-1109-MF-842
Mortgage foreclosure. Reverses denial of the Neus’ motion for relief from judgment and their request for attorney fees following Gibson’s full credit bid during a sheriff’s sale of real property located in Michigan. Remands with instructions to award the Neus reasonable attorney fees in litigating this action since August 2007.

Larry R. Busche, II v. State of Indiana (NFP)
02A03-1108-CR-418
Criminal. Affirms conviction of and sentence for Class B felony rape.

Raymond H. Mims v. State of Indiana (NFP)
49A04-1109-CR-499
Criminal. Affirms conviction of Class C felony forgery.

Sharon D. Collins v. State of Indiana (NFP)
48A05-1109-CR-490
Criminal. Affirms imposition of consecutive sentences for Collins’ four Class B felony arson convictions, but remands with instructions to resentence her because the arson sentences violate the statutory maximum for felony convictions arising out of an episode of criminal conduct.

Gary W. Ferguson v. State of Indiana (NFP)
73A05-1108-CR-434
Criminal. Affirms conviction of Class A felony dealing in a narcotic drug.

Seth T. Lipscomb v. State of Indiana (NFP)
71A03-1109-CR-443
Criminal. Affirms convictions of Class A misdemeanor resisting law enforcement and Class D felony theft.

In Re the Estate of Nancy Jean McMillen, Donna McMillen v. Thomas Kane (NFP)
71A03-1107-ES-324
Estate, supervised. Affirms denial of Donna McMillen’s petition in which she sought to remove Kane as the personal representative of the estate and as trustee of a trust established by Nancy McMillen’s will, of which Donna McMillen was the named beneficiary.

Michael West v. State of Indiana (NFP)
49A04-1108-PC-451
Post conviction. Affirms denial of petition for post-conviction relief.

Russell W. Yerden v. State of Indiana (NFP)
49A02-1110-PC-1010
Post conviction. Affirms in part and reverses in part denial of petition for post-conviction relief. Remands for correction of Yerden’s sentence.

 

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  1. Is this a social parallel to the Mosby prosecutions in Baltimore? Progressive ideology ever seeks Pilgrims to burn at the stake. (I should know.)

  2. The Conour embarrassment is an example of why it would be a good idea to NOT name public buildings or to erect monuments to "worthy" people until AFTER they have been dead three years, at least. And we also need to stop naming federal buildings and roads after a worthless politician whose only achievement was getting elected multiple times (like a certain Congressman after whom we renamed the largest post office in the state). Also, why have we renamed BOTH the Center Township government center AND the new bus terminal/bum hangout after Julia Carson?

  3. Other than a complete lack of any verifiable and valid historical citations to back your wild context-free accusations, you also forget to allege "ate Native American children, ate slave children, ate their own children, and often did it all while using salad forks rather than dinner forks." (gasp)

  4. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  5. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

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