ILNews

Opinions Nov. 9, 2012

November 9, 2012
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Indiana Court of Appeals
Amerisafe Risk Services, Inc., and Leerae Riggs v. The Estate of Hazel D. Wadsack, deceased, by Ronald J. Wadsack as Personal Rep., and Ronald J. Wadsack, individually
88A01-1204-CT-144
Civil tort. Reverses trial court denial of plaintiff’s request for dismissal, holding that the court lacked jurisdiction in the case. The estate of an injured worker’s mother sued the worker’s compensation insurer, claiming that the mother died as a result of emotional distress over the insurer’s handling of her son’s claim. The appeals court held that the Wadsacks had not exhausted appeals through the Worker’s Compensation Board, which the court determined had proper jurisdiction because the Wadsacks’ claim was derivative of their son’s claims for benefits.

Kelly Millard v. State of Indiana (NFP)
49A02-1204-CR-297
Criminal. Affirms conviction of operating a vehicle while intoxicated as a Class D felony.
 
Travis Reagle v. State of Indiana (NFP)
29A05-1206-CR-332
Criminal. Affirms trial court’s order that the sentences for Class A felony rape and Class B felony burglary be served consecutively.

In Re the Term. of Parent-Child Rel. of D.T.: S.T. v. The Indiana Dept. of Child Services (NFP)
34A05-1205-JT-228
Juvenile termination of parental rights. Affirms trial court’s decision to terminate mother’s parental rights to infant son, D.T.  

Timothy Allison v. State of Indiana (NFP)
49A02-1204-CR-277
Criminal. Affirms trial court’s sentence following the revocation of probation. Holds that Allison should have raised his argument that his initial sentence was illegal on direct appeal or in a petition for post-conviction relief.  

In the Matter of the Term. of the Parent-Child Rel. of I.C., J.C, and P.C.: E.C. v. Indiana Dept. of Child Services (NFP)
49A02-1204-JT-273
Juvenile termination of parental rights. Affirms trial court’s termination of father’s parental rights over his three minor children.  


 

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  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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