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Opinions Oct. 22, 2012

October 22, 2012
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7th Circuit Court of Appeals issued no Indiana opinions prior to IL deadline.

Indiana Supreme Court and Indiana Tax Court issued no opinions prior to IL deadline.

Indiana Court of Appeals

Wayne Evans v. Duke Energy Indiana, Inc. (NFP)
10A01-1111-PL-539
Civil plenary. Affirms trial court injunction prohibiting construction in a utility easement.

Moondance Enterprises, LLC v. Brown County, Indiana, et al. (NFP)
07A01-1201-PL-5
Civil plenary. Affirms trial court’s determination that Moondance violated the county zoning ordinance by operating a property as a tourist home, but reverses the fine of $120,010 as excessive and orders the fine reduced to $9,790.

Allan Lee Calligan, Jr. v. State of Indiana (NFP)
02A05-1203-CR-143
Criminal. Affirms conviction of and sentence for a Class B felony charge of unlawful possession of a firearm by a serious violent felon and adjudication as a habitual offender.

Mike Harmon, Jr. v. State of Indiana (NFP)
45A02-1203-CR-256
Criminal. Affirms conviction of Class B felony burglary.

Richmond Center, LLC v. Deutz Corporation (NFP)
89A01-1109-PL-416
Civil plenary. Affirms trial court determination that Richmond Center failed to prove that Deutz caused or contributed to environmental contamination of property it purchased from the corporation that required remediation.


 

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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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