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Opinions Oct. 19, 2012

October 19, 2012
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Indiana Supreme Court and Indiana Tax Court posted no opinions by IL deadline Friday.

U.S. 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline Friday.

Indiana Court of Appeals
Rodney Killebrew II v. State of Indiana

34A02-1204-CR-303
Criminal. Reserves a conviction of possession of marijuana after concluding the trial court abused its discretion when it admitted evidence obtained at an illegal traffic stop. The court found the police officer had no grounds to stop the driver because the continuous use of a turn signal is not a traffic violation and the officer’s actions did not fall within his community caretaking function.  

Alton Neville v. State of Indiana
49A05-1201-CR-9
Criminal. Affirms conviction of murder and carrying a handgun without a license, holding that while there was prosecutorial error that included improperly presenting facts not in evidence and improperly inflaming the passions and prejudices of the jury, the improper comments did not rise to the level of fundamental error.

In Re the Marriage of Yan Wolfman v. Estelle Wolfman (NFP)
45A03-1201-DR-17
Domestic relations/divorce. Remands to the trial court to clarify division of assets.

Jeffery Sanders v. State of Indiana (NFP)
49A04-1203-CR-150
Criminal. Affirms conviction of Class D felony theft and adjuctication as a habitual offender.
 
Delareco Pacely v. State of Indiana (NFP)
44A03-1110-CR-488
Criminal. Affirms 18-year sentence for three convictions of Class C felony child molesting.

Albert Harris v. State of Indiana (NFP)
49A02-1205-PC-386
Post conviction. Affirms trial court denial of petition for post-conviction relief.

Brandon Boles v. State of Indiana (NFP)
49A02-1203-CR-226
Criminal. Reverses 10-day sentence for failure to complete community service as a requirement of a sentence for a conviction of public intoxication.

Donzahue Pearson v. State of Indiana (NFP)
49A02-1202-CR-119
Criminal. Affirms denial of motion to dismiss Class D felony charge of sex offender who failed to possess valid identification.  

Dean Eric Blanck v. State of Indiana (NFP)
29A02-1204-CR-281
Criminal. Affirms 730-day sentence after a guilty plea to charges of Class D felony resisting law enforcement and Class C misdemeanor operating while intoxicated.

 

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  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

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