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Opinions July 18, 2014

July 18, 2014
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The following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday:
United States of America v. Garrett Davarrass Smith
12-3350
U.S. District Court, Northern District of Indiana, Hammond Division. Judge Joseph S. Van Bokkelen.
Criminal. Dismisses Smith’s appeal of his sentence of 168 months in prison after pleading guilty to possessing with the intent to distribute 500 grams or more of cocaine. Smith expressly waived his right to appeal the sentence in his written plea agreement.

Friday’s opinions

Indiana Court of Appeals
In re: The Visitation of A.W., J.W. v. State of Indiana (NFP)
71A03-1401-MI-3
Miscellaneous. Dismisses denial of mother’s motion to correct error.

In re the Marriage of: Monica S. Yoldash n/k/a Monica S. Orta v. Ibrahim E. Yoldash (NFP)
45A03-1308-DR-324
Domestic relation. Affirms dissolution of the marriage.

John Zapata d/b/a Zapata Collection Services, An Individual and as Assignee v. Ball State University, Facilities Management and Planning (NFP)
18A04-1310-CC-534
Civil collection. Affirms grant of Ball State’s motion to dismiss Zapata’s complaint for damages arising from a breach of contract.

John V. Guthrie v. State of Indiana (NFP)
45A05-1311-PC-551
Post conviction. Affirms denial of petition for post-conviction relief.

Indiana Commissioner of Insurance Stephen W. Robertson, on behalf of Indiana Patient's Compensation Fund v. Kimi Clark, Personal Representative of the Estate of William Troy Clark, Deceased (NFP)

49A04-1401-CT-7
Civil tort. Affirms award of damages for lost earnings to the estate following remand.

Emmanuel Winters v. State of Indiana (NFP)
79A02-1312-CR-1050
Criminal. Affirms 20-year sentence imposed following guilty plea to Class B felony robbery and Winters’ admission that he is a habitual offender.

Lloyd Hedstrom v. State of Indiana (NFP)
46A05-1401-CR-12
Criminal. Affirms 80-year aggregate sentence but reverses classification as a credit-restricted felon and remands with instructions.

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

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  1. I'm not sure what's more depressing: the fact that people would pay $35,000 per year to attend an unaccredited law school, or the fact that the same people "are hanging in there and willing to follow the dean’s lead in going forward" after the same school fails to gain accreditation, rendering their $70,000 and counting education worthless. Maybe it's a good thing these people can't sit for the bar.

  2. Such is not uncommon on law school startups. Students and faculty should tap Bruce Green, city attorney of Lufkin, Texas. He led a group of studnets and faculty and sued the ABA as a law student. He knows the ropes, has advised other law school startups. Very astute and principled attorney of unpopular clients, at least in his past, before Lufkin tapped him to run their show.

  3. Not that having the appellate records on Odyssey won't be welcome or useful, but I would rather they first bring in the stray counties that aren't yet connected on the trial court level.

  4. Aristotle said 350 bc: "The most hated sort, and with the greatest reason, is usury, which makes a gain out of money itself, and not from the natural object of it. For money was intended to be used in exchange, but not to increase at interest. And this term interest, which means the birth of money from money, is applied to the breeding of money because the offspring resembles the parent. Wherefore of an modes of getting wealth this is the most unnatural.

  5. Oh yes, lifetime tenure. The Founders gave that to the federal judges .... at that time no federal district courts existed .... so we are talking the Supreme Court justices only in context ....so that they could rule against traditional marriage and for the other pet projects of the sixties generation. Right. Hmmmm, but I must admit, there is something from that time frame that seems to recommend itself in this context ..... on yes, from a document the Founders penned in 1776: " He has refused his Assent to Laws, the most wholesome and necessary for the public good."

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