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Opinions May 16, 2013

May 16, 2013
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Indiana Court of Appeals
Jason Lee Sowers v. State of Indiana
08A02-1208-CR-640
Criminal. Reverses convictions of Class D felonies criminal recklessness and resisting law enforcement. The bailiff improperly communicated with the jury foreperson, resulting in fundamental error. Remands for further proceedings. Judge Bradford dissents.

Anthony McCullough v. State of Indiana
49A02-1209-PC-719
Post conviction. Affirms partial denial of petition for post-conviction relief. Finds McCullough received effective assistance of trial counsel for his guilty plea to Class C felony fraud on a financial institution, and therefore pleaded guilty knowingly, intelligently and voluntarily to that charge.

Tammy Spengler v. State of Indiana (NFP)

88A01-1207-CR-318
Criminal. Affirms trial court acted within its discretion in admitting the jailhouse recordings of Spengler’s conversation with her co-defendant and mother, and the evidence is sufficient to sustain her convictions of murder, aiding in murder and invasion of property. Affirms sentence is appropriate.

In the Matter of the Adoption of A.V.W. and R.V.W.; E.S. v. D.K. and J.K. (NFP)
55A05-1210-AD-551
Adoption. Affirms grant of D.K. and J.K.’s petitions to adopt the minor children.

Gregory Johnson v. State of Indiana (NFP)

49A02-1209-CR-709
Criminal. Affirms convictions of Class A felony dealing in cocaine and dealing in a narcotic drug.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by 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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