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Opinions April 10, 2013

April 10, 2013
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7th Circuit Court of Appeals
Kevin B. McCarthy, et al., and Langsenkamp Family Apostolate, et al. v. Patricia Ann Fuller, et al.
12-2157, 12-2257, 12-2262
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. The District Court’s denial of McCarthy’s motion that the court take judicial notice of the Holy See’s rulings on Fuller’s status in the Roman Catholic Church is reversed, with a reminder to the district court that federal courts are not empowered to decide (or to allow juries to decide) religious questions. The other two appeals are dismissed.

Indiana Court of Appeals
Valentin Escobedo v. State of Indiana
71A03-1202-CR-60
Criminal. Affirms convictions and sentence for Class A felony battery and Class D felony neglect of a dependent. The trial court did not abuse its discretion by allowing Dr. Stephens to testify while limiting his testimony or in allowing the state to present rebuttal evidence.

Harold Haggerty v. Hoosier Energy Rural Electric Cooperative, Inc.; Merom Generating Station
77A01-1206-CT-293
Civil tort. Affirms grant of summary judgment to Hoosier Energy Rural Electric Cooperative Inc. on Haggerty’s negligence claim. Hoosier Energy successfully negated the element of duty in Haggerty’s negligence claim.

In the Matter of A.W. & C.S., Children in Need of Services; and L.D., Mother v. The Indiana Dept. of Child Services (NFP)
49A02-1208-JC-692
Juvenile. Affirms determination that the two minor children are children in need of services.

Jake E. Estes v. State of Indiana (NFP)

39A01-1205-CR-214
Criminal.  Affirms conviction and sentence for dealing in marijuana as a Class D felony. Reverses and remands with instructions that the court vacate Estes’ conviction of possession of marijuana as a Class D felony based on double jeopardy principles. Judge Bailey dissents.

Timothy Miller v. State of Indiana (NFP)
06A04-1211-PC-591
Post conviction. Affirms denial of petition for post-conviction relief.

Jeff Rolston and Jana Rolston v. Brad's Realty and Property Management, LLC, and Dan L. Bradbury (NFP)
20A04-1209-CC-489
Civil collection. Affirms denial of the Rolstons’ motion to correct error on the judgment denying their claim for fraud, and the denial of Brad’s Realty’s motion to have the Rolstons pay attorney fees.

Demetrius Damon Taylor v. State of Indiana (NFP)
32A01-1205-CR-230
Criminal. Affirms convictions of Class A felony rape, Class B felony criminal confinement enhanced because of the use of a firearm, Class D felony criminal recklessness, Class B felony robbery, Class A felony burglary, two counts of Class D felony theft and determination Taylor is a habitual offender.

Kevin Hester v. State of Indiana (NFP)
49A02-1205-CR-381
Criminal. Affirms sentence for murder.

The Indiana Supreme Court and Tax Court posted no opinions 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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