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Opinions Nov. 5, 2012

November 5, 2012
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7th Circuit Court of Appeals posted no Indiana opinions by IL deadline. Indiana Supreme Court and Tax Court posted no opinions by IL deadline.

Indiana Court of Appeals

Steven E. Miles, a/k/a Robert Dutcher v. State of Indiana (NFP)
49A02-1204-PC-310
Post conviction. Affirms denial of petition for post-conviction relief.

Patrick Fluker v. State of Indiana (NFP)
02A03-1203-CR-137
Criminal. Affirms conviction of Class A felony murder enhanced due to use of a firearm and Class D felony receiving stolen property.

Maurice Higgins v. State of Indiana (NFP)
02A03-1204-CR-189
Criminal. Reverses revocation of probation and remands to the trial court ordering Higgins' immediate release from Department of Correction. The appeals court ruled that that the trial court abused its discretion in revoking Higgins’ probation on the basis of an arrest for which a jury found him not guilty.

Term. of the Parent-Child Rel. of: R.P., Minor Child, B.H., Mother v. Indiana Dept. of Child Services, and Child Advocates, Inc. (NFP)
49A02-1202-JT-84
Juvenile. Affirms termination of parental rights.

 

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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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