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Opinions Nov. 6, 2013

November 6, 2013
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Indiana Court of Appeals
Kimberly Kubina v. State of Indiana
45A03-1303-CR-100
Criminal. Affirms 35-year sentence following guilty plea to Class A felony neglect of a dependent. The trial court did not abuse its discretion in finding Kubina was in a position of trust with her stepson.

Christopher Cross v. State of Indiana
73A01-1303-CR-134
Criminal. Cross’s sentence for carrying a handgun without a license and the sentence enhancement for using said handgun during the commission of the act of dealing in cocaine did not violate the prohibitions against double jeopardy. Vacates conviction of Class A misdemeanor carrying a handgun without a license because it is a lesser-included offense of the Class C felony conviction carrying a handgun without a license. Remands with instructions to vacate the misdemeanor conviction.

Keianna Rae Harrison v. Cynthia L. Wells (NFP)
49A02-1303-CC-265
Civil collection. Dismisses appeal of the denial of Harrison’s Trial Rule 60(B) motion for relief from a default judgment entered in favor of Wells.

Joshua Doan v. State of Indiana (NFP)
49A04-1302-CR-90
Criminal. Affirms conviction of Class A felony burglary but reverses determination Doan is a habitual offender as he did not intelligently waive his jury-trial rights for the habitual-offender charge. Remands for a jury trial or bench trial on this count.

Curtis McGrone v. State of Indiana (NFP)
49A02-1304-CR-347
Criminal. Affirms 40-year aggregate sentence for Class B felony robbery and two counts of Class B felony criminal confinement.

Cleve Stone v. State of Indiana (NFP)
49A05-1303-CR-102
Criminal. Affirms convictions of Class A felony burglary and Class C felony robbery.

Dexter Stacy, Sr. v. State of Indiana (NFP)
76A04-1303-CR-113
Criminal. Affirms 75-year aggregate sentence for two counts of Class A felony child molesting.

John Garbacz v. State of Indiana (NFP)
45A03-1303-CR-87
Criminal. Reverses denial of motion to discharge and remands with instructions for the court to grant Garbacz’s motion.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
 

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  4. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

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