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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. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

  2. As an adoptive parent, I have to say this situation was as shameful as it gets. While the state government opens its wallet to the Simons and their friends, it denied payments to the most vulnerable in our state. Thanks Mitch!

  3. We as lawyers who have given up the range of First amendment freedom that other people possess, so that we can have a license to practice in the courts of the state and make gobs of money, that we agree to combat the hateful and bigoted discrimination enshrined in the law by democratic majorities, that Law Lord Posner has graciously explained for us....... We must now unhesitatingly condemn the sincerely held religious beliefs of religiously observant Catholics, Muslims, Christians, and Jewish persons alike who yet adhere to Scriptural exhortations concerning sodomites and catamites..... No tolerance will be extended to intolerance, and we must hate the haters most zealously! And in our public explanations of this constitutional garbledygook, when doing the balancing act, we must remember that the state always pushes its finger down on the individualism side of the scale at every turn and at every juncture no matter what the cost to society.....to elevate the values of a minority over the values of the majority is now the defining feature of American "Democracy..." we must remember our role in tricking Americans to think that this is desirable in spite of their own democratically expressed values being trashed. As a secular republic the United States might as well be officially atheist, religious people are now all bigots and will soon be treated with the same contempt that kluckers were in recent times..... The most important thing is that any source of moral authority besides the state be absolutely crushed.

  4. In my recent article in Indiana Lawyer, I noted that grass roots marketing -- reaching out and touching people -- is still one of the best forms of advertising today. It's often forgotten in the midst of all of today's "newer wave" marketing techniques. Shaking hands and kissing babies is what politicians have done for year and it still works. These are perfect examples of building goodwill. Kudos to these firms. Make "grass roots" an essential part of your marketing plan. Jon Quick QPRmarketing.com

  5. Hi, Who can I speak to regarding advertising today? Thanks, Gary

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