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Opinions Nov. 15, 2011

November 15, 2011
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals

Jesse Puckett v. State of Indiana
90A02-1104-CR-369
Criminal. Reverses sentencing decision that required Puckett to serve his entire previously suspended four-year sentence after Puckett admitted to violating his probation for Class C felony child molesting. The trial judge’s statement of reasons for the sentence is problematic. Holds it is improper when revoking probation for a trial court to find that the defendant actually committed a more serious crime than the one or ones of which he or she was originally convicted. Remands for another hearing regarding the revocation of probation.

Clayter Hale v. SS Liquors, Inc., and Safe Step, Inc.
73A01-1104-CT-179
Civil tort. Affirms summary judgment for SS Liquors and Safe Step Inc. on Hale’s personal injury negligence action. Declines to say that slipping and falling in a bathtub while taking a shower is something that does not happen “in the ordinary course of things.” There is no evidence that the bathtub at the time of Hale’s fall was unreasonably safe.

David R. Camm v. State of Indiana
87A01-1102-CR-25
Criminal. Reverses denial of Camm’s petition for appointment of a special prosecutor. Floyd County Prosecutor Keith Henderson’s cancelled literary contract created an irreversible, actual conflict of interest with his duty to the people of the state of Indiana. Remands for appointment of a special prosecutor and for proceedings consistent with the opinion.

In the Matter of the Guardianship of J.K., J.G. v. A.K. (NFP)
66A03-1005-JP-345
Juvenile. Affirms order denying father J.G.’s motion to terminate grandmother A.K.’s temporary guardianship of his daughter J.K. and the order granting A.K.’s petition for permanent guardianship over the daughter.

Roland Devoe v. State of Indiana (NFP)
49A02-1104-CR-312
Criminal. Affirms decision to join two causes against Devoe.

Gregory Brooks, Jr. v. State of Indiana (NFP)
45A04-1012-CR-766
Criminal. Affirms sentence following guilty plea to two counts of murder in perpetration of a robbery.

David J. Wierenga v. State of Indiana (NFP)
79A02-1101-CR-159
Criminal. Affirms sentence following guilty plea to Class C felony auto theft and habitual offender status.

Joshua D. Sutton v. State of Indiana (NFP)
29A05-1104-CR-223
Criminal. Affirms convictions of three counts of contributing to the delinquency of a minor as Class A misdemeanors.

Jason Ross v. State of Indiana (NFP)
12A05-1102-CR-82
Criminal. Affirms convictions of Class D felony operating a vehicle as a habitual traffic violator and Class A misdemeanor possession of drug paraphernalia.

North Lake Nursing and Rehabilitation Center, LLC d/b/a North Lake Rehabilitation Center v. The Estate of Cocteus Mason by Special Administrator, Tyniesha Spears (NFP)
45A03-1105-CT-229
Civil tort. Affirms denial of North Lake’s motion for preliminary determination of a proposed complaint filed with the Indiana Department of Insurance.

Wilson Makori v. State of Indiana (NFP)
71A03-1103-CR-103
Criminal. Affirms convictions Class A misdemeanor operating while intoxicated, which was enhanced to a Class D felony based on a previous OWI conviction, resisting law enforcement and criminal recklessness.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court denied transfer to one case for the week ending Nov. 11.
 

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  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

  4. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

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