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Opinions May 23, 2012

May 23, 2012
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7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

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

Indiana Court of Appeals

Gabriel J. Sharkey v. State of Indiana
84A04-1110-CR-550
Criminal. Affirms sentence following guilty plea to Class D felony intimidation. Sharkey’s 18-month suspended sentence is appropriate in light of the nature of the crime and his character.

Willie Huguley v. State of Indiana
49A02-1105-CR-413
Criminal. Finds Huguley cannot receive belated appellate review of the denial of his petition for post-conviction relief, but remands to the trial court to determine whether he has been without fault and diligent in pursuing his original appeal of child molesting charges.

Lisa Reynolds v. Daniel Capps
77A05-1110-SC-567
Small claim. Reverses order requiring Reynolds to vacate her apartment. Reynolds was denied due process when the initial hearing was presided over by the court reporter instead of the judge.

Dionne Harris v. State of Indiana (NFP)
34A04-1111-PC-593
Post conviction. Affirms denial of petition for post-conviction relief.

Jason Poole v. State of Indiana (NFP)
49A02-1110-CR-904
Criminal. Affirms convictions of Class A misdemeanor possession of paraphernalia and Class B misdemeanor possession of a knife with an automatic blade.
 

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  1. 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.

  2. 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?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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