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Opinions Nov. 9, 2011

November 9, 2011
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court had posted no opinions at IL deadline.


Indiana Court of Appeals
In Re: The Paternity of M.F.; N.F. v. J.T.
10A01-1101-JP-15
Juvenile. Reverses portion of the order finding mother N.F. in contempt because she presented a prima facie case that the trial court abused its discretion. Reverses order that mother pay attorney fees based on the contempt finding. Affirms portion of the order that requires N.F. buy a plane ticket for M.F. to visit her father in Florida. Judge Kirsch dissents without opinion.

Timothy Southward v. State of Indiana
49A05-1103-CR-106
Criminal. Affirms conviction of and sentence for possessing material capable of causing bodily injury while incarcerated as a Class C felon. Although the trial court abused its discretion in admitting the Evidence Rule 404(b) evidence based on the intent exception, it does not rise to the level of fundamental error. Finds sufficient evidence to support the conviction and his sentence is not inappropriate.

Roy Hersley v. State of Indiana (NFP)
16A01-1105-CR-210
Criminal. Affirms convictions of and sentence for Class C felony dealing in marijuana, Class D felony theft and two adjudications as a habitual offender.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. 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.

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

  4. 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.

  5. 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).

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