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Opinions Nov. 1, 2011

November 1, 2011
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7th Circuit Court of Appeals
Rose Acre Farms Inc. v. Columbia Casualty Co. and National Fire Insurance Co. of Hartford
11-1599
U.S. District Court, Southern District of Indiana, New Albany Division, Judge Sarah Evans Barker.
Civil. Affirms summary judgment for the insurers on whether they have to defend Rose Acre Farms in the antitrust complaint. The suit for which Rose Acre wants a defense makes no claim that the policy could be thought to cover.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Kenny D. Lee v. State of Indiana
71A03-1103-CR-118
Criminal. Reverses conviction of Class A felony possession of cocaine. The portion of the warrant allowing for the search of all vehicles is invalid because of vague language, so all evidence seized pursuant to the invalid language – in this case, Lee’s statements to police after a traffic stop – must be suppressed. The evidence also doesn’t support that Lee knew of the cocaine and had the ability to control it.

P.M.T., Inc. v. Review Board of the Indiana Dept. of Workforce Development and L.A.
93A02-1105-EX-389
Agency appeal. Affirms award of unemployment insurance benefits to L.A. Employer P.M.T.’s attendance policy was unreasonable because it didn’t provide exemptions for verified emergencies nor did it protect employees. L.A.’s absences were the results of circumstances beyond her control.

Term. of Parent-Child Rel. of A.D., A.W.D., A.M.D., and A.L.D.; M.A.P. v. Indiana Dept. of Child Services (NFP)
50A03-1103-JT-98
Juvenile. Affirms termination of parental rights.

Nexus D. Turner v. State of Indiana (NFP)
45A03-1103-CR-96
Criminal. Affirms three-year sentence for Class C felony robbery.

Robert D. Brown v. State of Indiana (NFP)
10A01-1011-CR-663
Criminal. Affirms conviction of and sentence for Class B felony attempted dealing in methamphetamine. Remands for vacation of Class D felony possession of methamphetamine conviction because it was merged without being vacated.

Michael A. Maxie v. State of Indiana (NFP)
20A03-1103-CR-117
Criminal. Affirms conviction of and sentence for battery on a pregnant woman as a Class C felony and Class A misdemeanor interference with reporting a crime.

Ivernon D. Wiseman, Jr. v. State of Indiana (NFP)
45A03-1103-CR-83
Criminal. Affirms 16-year and eight-month sentence for Class C felony criminal confinement, Class D felony residential entry and Wiseman’s habitual offender status.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

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