ILNews

Opinions May 9, 2011

May 9, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Johnnie Stokes v. State of Indiana
49A04-1009-CR-578
Criminal. Affirms 44-year aggregate sentence for Class B felonies robbery, attempted robbery, and unlawful possession of a firearm, and Class C felony criminal recklessness. The trial court did not abuse its discretion in considering Stokes’ 2001 dealing in cocaine conviction and evidence of his extensive criminal record to enhance his sentences for his other present offenses. His sentences also do not violate the double jeopardy clause of the Indiana Constitution.

Brian E. Connell v. State of Indiana (NFP)
27A04-1010-CR-642
Criminal. Affirms convictions of and sentence for two counts of Class B felony burglary, Class C felony carrying a handgun without a license, two counts of Class D felony theft, Class D felony resisting law enforcement, Class A misdemeanor possession of marijuana, and adjudication as a habitual offender.  

Jennings Daugherty v. State of Indiana (NFP)
89A01-1010-CR-520
Criminal. Affirms convictions of and sentence for Class D felony intimidation, Class D felony operating a motor vehicle while intoxicated, two counts of Class B felony possession of a firearm by a serious violent felon, and adjudication as a habitual offender.

Richard Cunningham v. Sandra Rains (NFP)
24A01-1011-PO-628
Protective order. Affirms issuance of protective order in favor of Rains.

Ryan Leon Stamm v. State of Indiana (NFP)
48A04-1011-CR-727
Criminal. Affirms convictions of and sentence following a guilty plea to felony murder, Class D felony resisting law enforcement, Class A misdemeanor criminal recklessness, and Class C felony carrying a handgun without a license.

George W. Wilson v. State of Indiana (NFP)
82A05-1007-PC-498
Post conviction. Affirms denial of petition for post-conviction relief.

Joseph James v. State of Indiana (NFP)
46A05-1008-CR-530
Criminal. Affirms sentence following guilty plea to Class C felony stalking.


Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court granted two transfers and denied 18 for the week ending May 6.
 

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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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