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Opinions Oct. 2, 2012

October 2, 2012
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7th Circuit Court of Appeals posted no opinions by IL deadline.

Indiana Supreme Court and Tax Court posted no opinions by IL deadline.

Indiana Court of Appeals

Moise Joseph v. State of Indiana
82A05-1108-CR-387
Criminal. Reverses convictions of Class A felony burglary resulting in serious bodily injury, Class B felony attempted armed robbery and Class B felony criminal confinement. The trial court abused its discretion in admitting Joseph’s statements to the police detective.

Willie Bigsbee v. State of Indiana
34A02-1201-CR-60
Criminal. Affirms two convictions of Class A felony dealing in cocaine. Finds trial court did not err in overruling Batson objections, and there is sufficient evidence to support the convictions.

Brian Yost v. Wabash College, Phi Kappa Psi Fraternity, Inc., Phi Kappa Psi Fraternity - Indiana Gamma Chapter at Wabash College, and Nathan Cravens
54A01-1201-CT-31
Civil tort. Affirms summary judgment in favor of Wabash and the Phi Kappa Psi defendants in Yost’s suit seeking compensatory and punitive damages after he was injured by his fraternity brothers. The defendants did not breach any duty owed to Yost and finds Yost was not a victim of hazing under the state’s anti-hazing statute or of other foreseeable criminal conduct. Judge Vaidik concurs in part and dissents in part.

Raymond C. Tisdale v. Christine M. (Tisdale) Bolick (NFP)
49A02-1202-DR-138
Domestic relation. Reverses order in which the court determined that it lacked jurisdiction to consider Raymond Tisdale’s petition to modify child support. Remands with instructions to hold a hearing.

Douglas Thompson v. State of Indiana (NFP)
45A03-1201-CR-5
Criminal. Affirms conviction and sentence for felony murder.

Lora L. Karr v. State of Indiana (NFP)
55A01-1112-CR-591
Criminal. Affirms denial of pretrial motion to suppress.

Scott J. Welton v. State of Indiana (NFP)
40A05-1202-CR-67
Criminal. Affirms convictions of Class A misdemeanor resisting law enforcement and Class B misdemeanor disorderly conduct.

Garrett Andrew Plumlee v. State of Indiana (NFP)
82A05-1203-CR-131
Criminal. Affirms sentence for Class D felony criminal recklessness.

Herbert Preasha v. State of Indiana (NFP)
02A05-1204-CR-173
Criminal. Reverses denial of motion to have certain items seized at the time of Preasha’s arrest returned to him. Remands with instructions.

Tracy A. Lawrence v. State of Indiana (NFP)
02A03-1203-CR-125
Criminal. Affirms conviction of Class D felony theft.

Arthur J. Bryant v. State of Indiana (NFP)
31A04-1109-PC-542
Post conviction. Affirms denial of petition for post-conviction relief.
 

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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