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Indiana justices accept 4 cases

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The Indiana Supreme Court took four cases last week, including two in which they released opinions the same day they granted transfer.

In a per curiam opinion issued June 20, Rondell Walker v. State of Indiana, 34S02-1206-CR-346, the justices revised Rondell Walker’s 20-year sentence to 12 years for his conviction of Class B felony possession of cocaine. Walker was within 1,000 feet of a family housing complex when he was stopped by police for a traffic infraction.

The justices also upheld Tina Whiting’s 55-year sentence for her role in a murder. They issued their decision June 19 in, Tina Whiting v. State of Indiana, 38S05-1206-CR-345, in which Whiting challenged the seating of a juror in her trial. The justices found the defense had premptory challenges available to strike the juror and failed to do so, so the court had no error to review.

The Supreme Court also took D.C. v. J.A.C., 32S04-1206-DR-349, in which the Indiana Court of Appeals reversed the grant of a father’s motion to modify custody and prevent his ex-wife from relocating; and Kimberly Heaton v. State of Indiana, 48S02-1206-CR-350, where the Court of Appeals ordered a trial court to use a probable cause standard instead of the legal standard of a preponderance of evidence to determine whether Kimberly Heaton violated her probation.

The high court declined to take 43 cases for the week ending June 25, including Jamaal Tinsley v. Nancy Parrish, 49A05-1104-CT-162, in which the Court of Appeals reversed the denial of former Indiana Pacers player Jamaal Tinsely’s motion to set aside a default judgment in favor of Nancy Parrish. Parrish sued an Indianapolis bar and three former members of the Pacers alleging that in 2007, she was injured as a result of an altercation involving the men near the coat check area of the bar, where Parrish worked.  

 

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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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