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Opinions Feb. 20, 2013

February 20, 2013
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7th Circuit Court of Appeals
Columbus Regional Hospital v. Federal Emergency Management Agency
12-2007
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms summary judgment in favor of FEMA on the hospital’s lawsuit seeking $20 more in federal aid following a flood in 2006. Holds the District Court is the proper venue for the hospital’s lawsuit. Rejects the hospital’s claims that it is entitled to the cost of new equipment instead of cost less depreciation and that FEMA should not have deducted from the aid the $25 million it received from insurance.

Indiana Court of Appeals
Fredrick Allen Laux v. State of Indiana
27A04-1205-PC-269
Post conviction. Affirms denial of petition for post-conviction relief. Laux, who received a sentence of life without parole for killing his wife, failed to show he received ineffective assistance of his trial or appellate counsel.

Ralph Pipkin v. State of Indiana
49A02-1206-CR-447
Criminal. Dismisses Pipkin’s motion to dismiss the charge of Class D felony failure to register. Finds the appeals court lacks jurisdiction to hear the appeal.

State Farm Fire and Casualty Company v. Riddell National Bank

61A01-1204-PL-159
Civil plenary.  Affirms denial of State Farm’s motion to dismiss a suit brought by Riddell after State Farm denied coverage. Concludes the unambiguous contract and statutory language void the one-year limitation period in the parties’ contract and, pursuant to the policy’s conformity to state law provision, the 10-year statute of limitations provided by Indiana Code 34-11-2-11 applies and Riddell’s claim was timely.

In Re: The Matter of: David Woodward Cook v. Beth Ann Cook

49A04-1207-PO-370
Protective order. Reverses denial of David Cook’s motion to correct error and remands for a hearing on the merits of his motion. Cook challenged an order for protection and requested the deletion of his name and information from the Judicial Technology and Automation Committee website and law enforcement databases.

In the Matter of: Am.K., A Child In Need of Services and A.M. v. Marion County Department of Child Services and Child Advocates, Inc.

49A02-1207-JC-533
Juvenile. Affirms in part, reverses in part and remands for additional proceedings. The mother was adequately notified of DCS’s recommended plan of participation and she acquiesced to the trial court’s authority to enter a parental participation order even if DCS failed to file a parental participation petition. But DCS failed to present sufficient evident to overcome the mother’s liberty interest in deciding her own treatment when she objected to the order and presented evidence of her concerns.

Efren Radillo Diaz v. State of Indiana (NFP)
20A05-1209-PC-458
Post conviction. Affirms denial of petition for post-conviction relief.  

Charles James Popp v. State of Indiana (NFP)

82A01-1205-CR-197
Criminal. Affirms convictions of sexual misconduct with a minor as a Class C felony, nine counts of Class B felony sexual misconduct with a minor and Class A misdemeanor intimidation.

Jeannie A. Dickman v. State of Indiana (NFP)

82A01-1205-CR-202
Criminal. Affirms conviction of Class A misdemeanor conversion.

Bradley J. Oskey v. Review Board of the Indiana Department of Workforce Development and CL Schust Company, Inc. (NFP)

93A02-1203-EX-272
Agency action. Affirms denial of Oskey’s claim for unemployment compensation benefits.

Kathy J. Ragla v. Review Board of the Indiana Department of Workforce Development and Wendy's of Fort Wayne, Inc. (NFP)
93A02-1207-EX-550
Agency action. Affirms denial of unemployment benefits.

Jason A. Mejia v. State of Indiana (NFP)

20A03-1208-CR-346
Criminal. Affirms conviction of Class D felony failure to return to lawful detention.

Tami and Dennis Lockard v. Lawrence T. Newman (NFP)

49A05-1204-CC-202
Civil collection. Affirms judgment against the Lockards in Lawrence Newman’s suit for unpaid legal fees, but remands for explanation or recalculation of the prejudgment interest component.

The Indiana Supreme Court and Tax Court posted no decisions by IL deadline.
 

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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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