ILNews

Justices grant two transfers

Michael W. Hoskins
January 1, 2007
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The Indiana Supreme Court has decided to consider whether trial courts can order restitution without determining a defendant's ability to pay, and an annexation case involving land in Boone County.

Justices granted transfer this week in Brenwick Associates LLC, First Industrial Acquisitions Inc., and Town of Whitestown, Indiana v. Boone County Redevelopment Commission and the Board of Commissioners of Boone County, Indiana, No. 06A04-0611-CV-682; and Jeffrey Pearson v. State of Indiana, No. 45A03-0610-CR-507.

In Brenwick, the court will get involved in a land dispute involving Whitestown's desire to annex 1,425 acres of potentially lucrative property in Perry Township. The Court of Appeals in July ruled unanimously that Whitestown has control of the land it moved to annex in July 2006; land that Boone County's redevelopment commission soon tried to grab by creating an Economic Development Area for that proposed annexation property.

Appellate judges applied Indiana's "first in time, first in right" caselaw allowing Whitestown control since it acted first. Also at issue in the case was whether remonstrators were aggrieved for purposes of the judicial review statute.

In Pearson, the court will consider a case involving an East Chicago police officer who'd taken money from the local Fraternal Order of Police Lodge, where he was treasurer. He'd written unauthorized checks to himself from the death benefit account.

Pearson pleaded guilty to misdemeanor conversion and was ordered to pay about $52,686 in restitution as part of his probation. The Court of Appeals reversed and remanded the case, holding that the trial court erred when it failed to determine Pearson's ability to pay the ordered amount.
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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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