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Opinions Nov. 30, 2011

November 30, 2011
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7th Circuit Court of Appeals had posted no opinions from Indiana courts at IL deadline.

Indiana Supreme Court
Christopher Jewell v. State of Indiana
32S04-1104-CR-200
Criminal. Affirms denial of Jewell’s motion to suppress recorded phone conversations between him and his former stepdaughter and finds his sentence is appropriate for six counts relating to child molesting, sexual misconduct with a minor, and child seduction. Holds that under the broader protections of Article 1, Section 13 of the Indiana Constitution, the right to counsel is violated only where the different offense is inextricably intertwined with the charge on which counsel is already representing the defendant.

Indiana Court of Appeals
James E. Rogers v. State of Indiana
84A01-1104-CR-148
Criminal. Affirms conviction of and sentence for Class D felony failure to register as a sex or violent offender and sentences for Class D felony theft and receiving stolen property. Rogers waived his ex post facto claim when he entered into the plea agreement. Rogers received a significant benefit from the plea agreement, and the trial court did not abuse its discretion in failing to consider the agreement as a mitigating factor.

Matthew A. Knight v. State of Indiana (NFP)
87A01-1103-CR-167
Criminal. Affirms convictions of Class D felony operating a vehicle as a habitual traffic violator and Class C infraction no license plate light.

Ronnie Sanchez v. State of Indiana (NFP)
10A01-1101-CR-26
Criminal. Affirms denial of motion to suppress.

Jonathan Yocum v. X.Y., By Next Friend, M.Y. (NFP)
49A02-1103-PO-351
Protection order. Reverses protective order against father filed by mother on behalf of their son.

Adolph Brateman, Adrienne Brateman, and Michael Brateman v. Hanning & Bean Enterprises, Inc. (NFP)
02A03-1103-PL-162
Civil plenary. Affirms entry of declaratory judgment and a preliminary injunction in favor of lessee Hanning & Bean Enterprises.

John Barrientes v. State of Indiana (NFP)
82A04-1106-CR-302
Criminal. Affirms sentence following guilty plea to seven charges related to a drunk driving motor vehicle accident that caused the death of one person and seriously injured another.

John A. Ashby v. State of Indiana (NFP)
87A04-1103-CR-113
Criminal. Affirms denial of motion to suppress evidence.

Ladell Alexander v. State of Indiana (NFP)
71A04-1101-CR-155
Criminal. Dismisses appeal of denial of motion for reduction of sentence.

Cortino Allen v. State of Indiana (NFP)
49A04-1103-CR-88
Criminal. Affirms order that Allen undergo a mental health evaluation and comply with any recommended treatment as a part of his probation.

Frank Poole, Jr. v. State of Indiana (NFP)
45A03-1101-CR-12
Criminal. Affirms sentence following guilty plea to dealing in cocaine as a Class B felony.

Andrew Wagoner v. State of Indiana (NFP)
49A05-1105-CR-254
Criminal. Affirms conviction of Class B misdemeanor battery.

L.G. v. State of Indiana (NFP)
49A02-1102-JV-181
Juvenile. Affirms adjudication as a delinquent for committing what would be burglary if committed by an adult.

Brian Eby v. Jennifer Eby (NFP)
29A02-1104-DR-318
Domestic relation. Reverses in part second amended decree of dissolution following remand from a previous appeal because the court abused its discretion in crediting Jennifer Eby for the entire amount of expenses paid during the pendency of the dissolution proceedings. Remands with instructions.

Larry W. Pflug, Rebecca K. Pflug, Michael G. Pflug, Kristi A. Pflug, Gene A. Pflug, and Gloria J. Pflug v. State of Indiana (NFP)
26A04-1104-PL-217
Civil plenary. Affirms grant of the state’s motion to strike the exceptions to the assessed value of the property as untimely.

Timothy Tingle v. State of Indiana (NFP)
49A02-1104-CR-308
Criminal. Affirms sentence following guilty plea to three counts of Class A felony dealing in cocaine, and one count each of Class D felony resisting law enforcement and Class A misdemeanor resisting law enforcement.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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