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Opinions Oct. 3, 2012

October 3, 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

Steven B. Steele v. State of Indiana
49A05-1202-CR-54
Criminal. Affirms denial of motion to suppress. Evidence Rule 617 does not apply in this case because the police officer’s interrogation of Steele did not occur in a place of detention. The rule also does not explicitly or implicitly impose an affirmative duty on law enforcement officers to transport a person to a place of detention before conducting a custodial interrogation.

Deborah A. Cleveland, as Personal Representative of the Estate of Robin W. Cleveland v. Clarian Health Partners, Inc.
49A02-1110-CT-948
Civil tort. Affirms denial of Cleveland’s motion to correct error and for relief from judgment on her malpractice complaint. Cleveland may argue surprise in a witness’s purported change in testimony for the first time on appeal, but based on the facts of the case, the trial court did not abuse its discretion in denying her motion to correct error or for relief from judgment. Cannot say on this record that a doctor’s trial testimony was so different from her deposition testimony that it invoked any duty on the party of Clarian to amend under Trial Rule 26(E)(2) or that Clarian committed misconduct under Trial Rule 60(B)(3).

Billy G. Ray v. Connie A. Ray (NFP)
41A05-1203-DR-130
Domestic relation. Reverse court order with respect to the amount of Billy Ray’s child support obligation and remands for the court to hold a new hearing to determine his obligation, and whether Connie Ray is entitled to attorney fees for this appeal. Affirms denial of Billy Ray’s petition to modify custody and the court’s decision to modify his parenting time.
 
David J. Morton v. State of Indiana (NFP)
10A05-1202-CR-63
Criminal. Affirms conviction and sentence for Class B felony burglary.
 

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  1. Future generations will be amazed that we prosecuted people for possessing a harmless plant. The New York Times came out in favor of legalization in Saturday's edition of the newspaper.

  2. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  3. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  4. 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!

  5. 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.

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