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David, Massa stake key positions on court

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supreme-justices1-15col.jpg From left, Indiana Justices Robert Rucker and Loretta Rush, Chief Justice Brent Dickson, and Justices Mark Massa and Steven David. (Photo Courtesy Indiana Supreme Court)

A review of the work of the Indiana Supreme Court in 2012 by Barnes & Thornburg LLP attorneys finds Justices Steven David and Mark Massa establishing themselves respectively as swing votes and active dissenters.

Those are among the observations in the annual review, “An Examination of the Indiana Supreme Court Docket, Dispositions and Voting in 2012,” prepared by Barnes partners Mark J. Crandley and P. Jason Stephenson and associate Jeff Peabody.

The paper notes it might be too early to draw conclusions about the court so soon after a year of many changes. Brent Dickson replaced Randall Shepard as chief justice, and Massa and Loretta Rush were appointed. But change didn’t slow the court, according to the report.

“In a year of such great transition, one would expect the Court’s overall workload to be impacted. That proved not to be the case,” the analysis says, noting 103 opinions were handed down in 2012, up from 86 in 2011.

The report noted David sided with Shepard and Dickson in more than 90 percent of cases, while Massa in his first months on the bench wrote nearly as many dissents – five – as majority opinions – seven. Joining the court late in 2012, Rush took part in just nine opinions, all unanimous decisions.

Among other findings:

• David and Shepard voted together in 96 percent of cases; David also agreed with Dickson in 90 percent of cases.

• In the 16 3-2 decisions, David and Dickson were in the majority 12 times and Justice Robert Rucker nine. Rucker and Sullivan each wrote 10 dissents.

• The rate of reversal in criminal cases continued to fall. Just 56 percent of criminal cases the court accepted were reversed, down from 81.6 percent in 2008.

View the report at www.theindianalawyer.com/2012SupremeCourtReview.•
 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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