ILNews

Opinions May 2, 2012

May 2, 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

Andrew C. Kesling, individually and as Trustee of the Andrew C. Kesling Trust v. Peter C. Kesling, et al.
45A03-1106-PL-271
Civil plenary. Reverses judgment in favor of father Peter Kesling that found he was entitled to rescission of stock purchase agreements entered into on June 25, 2004. Finds that Andrew Kesling’s trust declaration did not deprive him status as a shareholder and that he was a shareholder when he entered into the purchase agreements with Peter Kesling. Remands for the court to rule on the claims raised by Andrew Kesling’s siblings.

Leondre Woodson v. State of Indiana
53A01-1109-PC-466
Post conviction. Affirms denial of petition for post-conviction relief in which Woodson claimed he received ineffective assistance of trial counsel. Woodson failed to establish that police detention of him until they obtained consent to search the rental car was unreasonable under Article I, Section 11 of the Indiana Constitution, so he didn’t establish that his trial counsel’s failure to preserve this issue for appeal prejudiced him. He also failed to establish that his consent to search the car was invalid.

Todd Edward Lang v. Jessica Lynn Lang (NFP)
17A03-1109-DR-436
Domestic relation. Affirms decision to award custody of the minor children to Jessica Lang and to order the parties to equally share the expense of the custody evaluation.

Eric R. Jeter v. State of Indiana (NFP)
45A03-1109-CR-429
Criminal. Affirms sentence for two convictions of Class C felony robbery and one count of Class D felony theft.

Marcie L. Grant v. State of Indiana (NFP)
13A01-1109-PC-422
Post conviction. Affirms denial of petition for post-conviction relief.

Ronnie Jones v. State of Indiana (NFP)
17A04-1108-CR-444
Criminal. Affirms sentence for murder, Class A felony attempted murder, and Class C felony criminal recklessness.
 

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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