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Opinions Sept. 17, 2012

September 17, 2012
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7th Circuit Court of Appeals
Fred E. Dowell v. United States of America
10-2912
U.S. District Court, Southern District of Indiana, Evansville Division, Chief Judge Richard L. Young.
Civil. Remands with instructions for the District Court to make a determination as to whether Dowell told his attorney to file an appeal to contest whether he was a career offender. Dowell claimed his plea agreement specifically reserved his right to appeal the career offender designation, but his attorney did not file the appeal.

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

Indiana Court of Appeals

Todd J. Posar v. Paula M. Posar (NFP)
71A04-1201-DR-38
Domestic relation. Reverses order granting Paula Posar’s Trial Rule 60(B) motion for relief from judgment pertaining to an order establishing Todd Posar’s college expense arrearage as of that date. Remands with instructions.

Sarah L. Thompson v. State of Indiana (NFP)
02A04-1204-CR-176
Criminal. Affirms conviction of Class C felony battery.

Kyle Lynch v. State of Indiana (NFP)
79A02-1112-CR-1175
Criminal. Affirms conviction and sentence for Class A felony child molesting.

Cory J. Pinkerton v. State of Indiana (NFP)
35A02-1202-CR-94
Criminal. Affirms five-year sentence enhancement imposed under I.C. 35-50-2-11 subsequent to Pinkerton’s conviction of Class C felony reckless homicide.

Jason Middleton v. State of Indiana (NFP)
70A01-1202-CR-69
Criminal. Affirms convictions and sentence for Class D felony possession of methamphetamine and Class A misdemeanor possession of paraphernalia.

Geramy Ridley v. State of Indiana (NFP)
49A04-1202-CR-89
Criminal. Affirms conviction and sentence for Class B felony unlawful possession of a firearm by a serious violent felon.

Kent A. Easley v. Indiana Dept. of Correction, et al. (NFP)
49A02-1202-PL-220
Civil plenary. Affirms dismissal of lawsuit.

Rolando Miguel-Gaspar Mateo v. State of Indiana (NFP)
09A04-1201-CR-17
Criminal. Affirms conviction and sentence for Class B felony aggravated battery.

Perry Odum v. State of Indiana (NFP)
30A01-1203-CR-102
Criminal. Affirms convictions of Class C felony burglary and Class D felony theft.
 

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  1. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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