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Opinions Oct. 7, 2011

October 7, 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

James Fernbach v. State of Indiana
69A01-1103-CR-151
Criminal. Affirms 60-year sentence for two counts of Class A felony attempted murder, holding that the jury’s rejection of Fernbach’s insanity defense was not erroneous.

Joseph A. Taylor v. Alan P. Finnan
48A02-1105-MI-547
Miscellaneous. Reverses trial court’s dismissal of Taylor’s writ of habeas corpus. Affirms trial court’s finding that Taylor’s claim should have proceeded as a petition for post-conviction relief, but that the court should have transferred the case to Floyd County – where Taylor had been convicted and sentenced – rather than dismiss it. Remands to transfer the case to Floyd County.

Lisa A. Davis v. Review Board of the Indiana Department of Workforce Development and VOCA of Indiana LLC
93A02-1101-EX-14
Agency appeal. Affirms decision of the Indiana Department of Workforce Development Review Board, which affirmed a decision by an administrative law judge determining Davis had been terminated for cause and therefore was ineligible for unemployment benefits. Holds that Davis had failed to provide good cause for missing a hearing and that her employer provided substantial evidence that Davis was terminated for just cause, including theft.

Kelley Seibert d/b/a Seibert's Kennel v. Rick Bryant (NFP)
48A04-1011-SC-750
Small claim. Reverses small claims court’s judgment in favor of Bryant, holding that the trial court erred in ignoring a provision in the contract between Bryant and Seibert. Remands with orders to enter judgment in favor of Seibert.

Jerramy Moore v. State of Indiana (NFP)
49A02-1104-CR-294
Criminal. Affirms conviction of Class D felony possession of marijuana.

Bane Elliott v. State of Indiana (NFP)
79A05-1008-CR-566
Criminal. Affirms convictions of four counts of child molesting, but remands to the court to revise Elliott’s 40-year sentence to 35 years, holding that Elliott had met his burden of establishing that his sentence was inappropriate.

Indiana Tax Court had posted no opinions at IL deadline.

 

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  1. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  2. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

  3. If our State Government would sue for their rights to grow HEMP like Kentucky did we would not have these issues. AND for your INFORMATION many medical items are also made from HEMP. FOOD, FUEL,FIBER,TEXTILES and MEDICINE are all uses for this plant. South Bend was built on Hemp. Our states antiquated fear of cannabis is embarrassing on the world stage. We really need to lead the way rather than follow. Some day.. we will have freedom in Indiana. And I for one will continue to educate the good folks of this state to the beauty and wonder of this magnificent plant.

  4. Put aside all the marijuana concerns, we are talking about food and fiber uses here. The federal impediments to hemp cultivation are totally ridiculous. Preposterous. Biggest hemp cultivators are China and Europe. We get most of ours from Canada. Hemp is as versatile as any crop ever including corn and soy. It's good the governor laid the way for this, regrettable the buffoons in DC stand in the way. A statutory relic of the failed "war on drugs"

  5. Cannabis is GOOD for our PEOPLE and GOOD for our STATE... 78% would like to see legal access to the product line for better Hoosier Heath. There is a 25% drop in PAIN KILLER Overdoses in states where CANNABIS is legal.

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