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No opinions for 3rd day in a row

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The Indiana Court of Appeals has not had any published or unpublished opinions posted online since May 6.

Don’t worry. That’s not a glitch, and the state’s appellate judges aren’t slacking.

Appellate Clerk Kevin Smith said no glitches were preventing opinions from being posted online. There just haven’t been any opinions ready to be handed down recently, he said.

Chief Judge John G. Baker said there’s nothing to worry about.

This year, the state-marked holiday for primary election day May 4 combined with the appellate court’s arguments scheduled outside Indianapolis meant that no opinions were circulated as usual last week. Opinions are typically posted about a week after they are circulated internally for review by the judges sitting on the court panels, but that didn’t happen last week and meant a lapse in finalized rulings, Chief Judge Baker said.

“April was slammed, and we had two teams on the road every week,” the chief judge said, noting the court’s had 23 traveling arguments so far this year.

The court’s oral argument website page shows that judges heard arguments in Evansville on primary day, in West Lafayette Wednesday, and in Wheatfield Friday.

For those watching appellate opinions online, the chief judge also noted that Wednesday might likely only produce one opinion. But he said this time of year usually produces fewer opinions being posted, even though judges are continuing their work.

In the five past years, the first week of May – even those when the state paused for primary elections – has produced appellate opinions. The court’s opinion page shows that 27 opinions came down in 2009 during the first week of the month not counting primary election day; 67 in 2008, 57 in 2007, and 10 in 2006.

 

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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