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Opinions Nov. 8, 2013

November 8, 2013
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Indiana Court of Appeals
Hitesh Seth v. Midland Funding, LLC, as an Assignee of Columbus Bank and Trust as Issuer of Aspire Visa
48A05-1303-CC-110
Civil collection. Reverses summary judgment in favor of Midland Funding LLC on Midland’s complaint against Seth for nonpayment of credit card debt. Midland has failed as a matter of law to designate evidence to make a prima facie case that it is entitled to summary judgment on its complaint. Accordingly, the burden of proof did not shift to Seth to show that there exist questions of material fact precluding summary judgment.

Ryan R. Schroeder v. State of Indiana
64A03-1302-CR-39
Criminal. Affirms convictions for five counts of Class A felony child molesting and his aggregate sentence for five counts of Class A felony child molesting, one count of Class C felony child molesting, seven counts of Class C felony child exploitation, one count of Class D felony theft, seven counts of Class D felony possession of child pornography, and two counts of Class D felony voyeurism. The state met its burden to prove Schroeder committed Class A felony child molesting and his 54-year sentence is not inappropriate.

Jan A. Riddle v. State of Indiana (NFP)
84A01-1304-CR-185
Criminal. Affirms sentence following guilty plea to one count of Class D felony theft. Reverses the restitution order and remands with instructions that the trial court order Riddle to pay L.P. $267.40 in restitution.

James D. Minnich v. State of Indiana (NFP)
01A02-1305-CR-466
Criminal. Affirms conviction for operating a vehicle with an alcohol concentration equivalent of at least 0.15 gram of alcohol per 210 liters of breath as a Class D felony.

Eric D. Smith v. State of Indiana (NFP)
49A05-1306-CR-295
Criminal. Dismisses appeal of denial of Smith’s petition for modification of placement without a hearing.

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

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  1. 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.

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

  3. 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.

  4. 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).

  5. The US has 5% of the world's population and 25% of the world's prisoners. Far too many people are sentenced for far too many years in prison. Many of the federal prisoners are sentenced for marijuana violations. Marijuana is safer than alcohol.

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