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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. 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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