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Opinions, May 23, 2011

May 23, 2011
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7th Circuit Court of Appeals opinion  posted after IL deadline May 20
USA v. Sidney O. Sellers
09-2516
Criminal. Vacates sentences for possession with intent to sell crack cocaine and possession of a firearm used in drug trafficking, and orders new trial for Sidney O. Sellers, stating the court failed to consider Sellers’s reasons for requesting a motion for a continuance. Remands for a new trial, including all pre-trial proceedings.

7th Circuit Court of Appeals had posted no opinions at IL deadline

Indiana Supreme Court had posted no opinions at IL deadline

Indiana Court of Appeals
Jimmie E. Jones, Jr. v. State of Indiana
29A02-1008-CR-935
Criminal. Affirms conviction for felony murder, stating that the trial court did not err by refusing Jimmie Jones’s tendered instructions on reckless homicide and involuntary manslaughter, as evidence suggests Jones knowingly and willingly killed the victim.

Stephen Robertson, et al. v. B.O., et al.
49A04-1009-CT-528
Civil tort. Reverses partial summary judgment with respect to the compensable damages in favor of appellee-plaintiff B.O., a minor, stating the trial court erred in excluding the Indiana Compensation Fund’s evidence regarding the extent of B.O.’s damages.

Willie McCain, Jr. v. State of Indiana
27A02-1009-CR-985
Criminal. Affirms trial court’s judgment of conviction for Class B felony dealing in cocaine, stating that while the court erred in prohibiting as unsubstantiated any discussion of the confidential informant’s criminal background, the error was harmless beyond a reasonable doubt.

James Andrew Foxworthy v. State of Indiana (NFP)
32A05-1009-CR-583
Criminal. Reverses conviction for Class A misdemeanor domestic battery, stating the trial court abused its discretion in admitting a deputy’s testimony over the defendant’s hearsay objection.

Jack M. Estes, II v. State of Indiana (NFP)
32A04-1010-CR-693
Criminal. Reverses consecutive sentences for revocation of probation in Hendricks and Boone counties, and remands for imposition of concurrent sentences.

Ronald Hollin v. State of Indiana (NFP)
36A01-1008-CR-378
Criminal. Affirms convictions for Class A felony child molesting and other related counts.

Joseph Cree v. State of Indiana (NFP)
09A02-1009-PC-1008
Post-conviction relief petition. Affirms order of post-conviction court’s summary denial of petition.

Johnny Baptiste v. State of Indiana (NFP)
49A05-1010-CR-616
Criminal. Reverses convictions for Class D felony auto theft and Class A misdemeanor battery; upholds conviction for Class A felony robbery, stating the robbery and auto theft convictions violate the double-jeopardy single-larceny rule and convictions for robbery violate actual-evidence test.

Donald Mallard v. State of Indiana (NFP)
71A03-1006-PC-362
Post-conviction relief petition. Affirms denial of post-conviction relief petition.

Russel F. Cowherd v. State of Indiana (NFP)
02A05-1008-CR-567
Criminal. Affirms conviction for Class C felony possession of cocaine.

Quan Ning Huang v. Tanas B. Donev (NFP)
02A03-1012-MF-661
Mortgage foreclosure. Affirm’s grant of summary judgment and corresponding entry of decree of foreclosure in favor of Tanas B. Doney.

Indiana Tax Court had posted no opinions at IL deadline
 

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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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