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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. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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