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Opinions Nov. 9, 2010

November 9, 2010
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The Indiana Supreme Court posted no opinions before IL deadline.

Indiana Court of Appeals
Anthony A. Parish v. State of Indiana
02A03-1002-CR-74
Criminal. Affirms Parish’s convictions of murder, Class B felony robbery, and Class A misdemeanor carrying a handgun without a license, and his sentence to an aggregate term of 86 years of incarceration. On appeal, Parish claimed a protective search of a locked glove box during a traffic stop was constitutionally improper, and therefore evidence found during the search should have been suppressed. COA concluded the protective search was permissible under the Fourth Amendment.

Paul Arlton v. Gary Schraut, M.D., and Lafayette Retina Clinic
79A02-0906-CV-541
Civil. Reverses and remands jury verdict in favor of appellees-defendants Dr. Gary Schraut and the Lafayette Retina Clinic. Arlton appealed and presented three issues: whether trial court abused its discretion when it sustained Dr. Schraut’s objections to Arlton’s proffer of printed, enlarged copies of angiograms depicting Arlton’s retina; whether trial court abused its discretion when it refused to provide the jury with access to digital evidence during deliberations; and whether trial court abused its discretion in refusing Arlton’s tendered instruction informing the jury that, if they so desired, they could review the digital evidence during deliberations. COA concluded trial court’s evidentiary and instructional rulings constituted reversible error.

Jess David Woods v. State of Indiana (NFP)
18A05-0909-CR-545
Criminal. Affirms Woods’ conviction of and sentence for murder and conspiracy to commit murder.
 
Termination of Parent-Child Relationship of S.M.; T.U. v. Indiana Dept. of Child Services (NFP)

27A04-1005-JT-266
Juvenile. Affirms involuntary termination of parental rights.
 
Emilio Rivera v. State of Indiana (NFP)

49A02-1001-CR-59
Criminal. Affirms convictions of two counts of Class D felony theft of social security cards.  

The Indiana Tax Court posted no opinions before IL deadline.

 

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  1. 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.

  2. 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.

  3. 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.

  4. 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

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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