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Opinions March 4, 2013

March 4, 2013
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Indiana Court of Appeals
Michael Williams, Jr. v. State of Indiana
30A01-1207-CR-305
Criminal. Reverses convictions of Class B felonies burglary and conspiracy to commit burglary, and Class C felony carrying a handgun without a license. Williams’ trial counsel’s performance was deficient by failing to object under Indiana Evidence Rule 404(b) to the admission of evidence of William’s previous bad acts and convictions. Remands for a new trial.

In Re the Involuntary Termination of the Parent-Child Relationship of S.H. and E.H., N.H. v. The Indiana Department of Child Services and Lake County Court Appointed Special Advocate (NFP)
45A03-1207-JT-313
Juvenile. Affirms involuntary termination of parental rights.

Antonio Highbaugh v. State of Indiana (NFP)
49A02-1201-CR-3
Criminal. Affirms sentence of 365 days of incarceration with 361 days suspended to probation for Class A misdemeanor residential entry.

In Re the Involuntary Termination of the Parent-Child Relationship of T.J.: S.J. v. The Indiana Department of Child Services and Child Advocates, Inc. (NFP)

49A04-1207-JT-342
Juvenile. Affirms involuntary termination of parental rights.

David S. Healey v. State of Indiana (NFP)

33A04-1202-MI-107
Miscellaneous. Grants petition for rehearing, reverses denial of verified petition to remove designation as a sex offender, and remands for further proceedings.

Anthoney D. Coveleski v. State of Indiana (NFP)

84A05-1206-CR-282
Criminal. Reverses Class D felony conviction and orders the trial court to enter the judgment of conviction on assisting a criminal as a Class A misdemeanor. Finds the state presented sufficient evidence to support the misdemeanor conviction.

Glenda Howell v. State of Indiana (NFP)
71A04-1208-CR-436
Criminal. Affirms sentence for Class A felony dealing in cocaine.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions by IL deadline.
 

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  2. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  3. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  4. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  5. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

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