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Opinions Dec. 10, 2013

December 10, 2013
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Indiana Court of Appeals
David Didion and Kristi Didion as Parents and Legal Guardians of Brayden Didion v. Auto-Owners Insurance Company
27A02-1303-PL-232
Civil plenary. Affirms summary judgment in favor of Auto-Owners Insurance Co. on its complaint seeking a declaratory judgment that it had no liability for a dog bite on an insured’s property. The person living at the property was not an insured and Auto-Owners was not given timely notice of the dog bite and injury pursuant to the terms of the policy.

Robert Jackson v. State of Indiana (NFP)
48A05-1303-CR-148
Criminal. Affirms denial of motion to withdraw guilty plea.

Raymond B. Baker v. State of Indiana (NFP)
24A01-1304-CR-163
Criminal. Affirms convictions of two counts of Class D felony neglect of a dependent.

Dabian Dorion Boyd v. State of Indiana (NFP)
71A04-1304-CR-174
Criminal. Affirms murder conviction.

Sheryl A. Payne v. Thomas L. Payne (NFP)
23A01-1305-DR-204
Domestic relation. Affirms denial of wife’s motion to correct error after her request for spousal maintenance was denied.

Jessica L. Rhye v. State of Indiana (NFP)
18A02-1303-CR-248
Criminal. Affirms conviction of Class D felony possession of reagents or precursors with intent to manufacture a controlled substance.

Kennith Howard v. Erica Lofton (NFP)
49A05-1302-DR-43
Domestic relation. Affirms denial of Howard’s motion to reconsider and set for hearing, and his motion to correct error and relief from judgment from his dissolution proceeding with Lofton.

Aaron Edward Belcher v. State of Indiana (NFP)
45A05-1305-CR-225
Criminal. Affirms convictions of one count each of Class B felony burglary, Class C felony escape, Class D felonies confinement and possession of a narcotic drug, and Class A misdemeanor resisting law enforcement and possession of marijuana.

Timothy D. Driscoll, Jr v. State of Indiana (NFP)
82A05-1303-CR-147
Criminal. Affirms conviction of Class B felony dealing in methamphetamine.

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