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Opinions April 10, 2013

April 10, 2013
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7th Circuit Court of Appeals
Kevin B. McCarthy, et al., and Langsenkamp Family Apostolate, et al. v. Patricia Ann Fuller, et al.
12-2157, 12-2257, 12-2262
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. The District Court’s denial of McCarthy’s motion that the court take judicial notice of the Holy See’s rulings on Fuller’s status in the Roman Catholic Church is reversed, with a reminder to the district court that federal courts are not empowered to decide (or to allow juries to decide) religious questions. The other two appeals are dismissed.

Indiana Court of Appeals
Valentin Escobedo v. State of Indiana
71A03-1202-CR-60
Criminal. Affirms convictions and sentence for Class A felony battery and Class D felony neglect of a dependent. The trial court did not abuse its discretion by allowing Dr. Stephens to testify while limiting his testimony or in allowing the state to present rebuttal evidence.

Harold Haggerty v. Hoosier Energy Rural Electric Cooperative, Inc.; Merom Generating Station
77A01-1206-CT-293
Civil tort. Affirms grant of summary judgment to Hoosier Energy Rural Electric Cooperative Inc. on Haggerty’s negligence claim. Hoosier Energy successfully negated the element of duty in Haggerty’s negligence claim.

In the Matter of A.W. & C.S., Children in Need of Services; and L.D., Mother v. The Indiana Dept. of Child Services (NFP)
49A02-1208-JC-692
Juvenile. Affirms determination that the two minor children are children in need of services.

Jake E. Estes v. State of Indiana (NFP)

39A01-1205-CR-214
Criminal.  Affirms conviction and sentence for dealing in marijuana as a Class D felony. Reverses and remands with instructions that the court vacate Estes’ conviction of possession of marijuana as a Class D felony based on double jeopardy principles. Judge Bailey dissents.

Timothy Miller v. State of Indiana (NFP)
06A04-1211-PC-591
Post conviction. Affirms denial of petition for post-conviction relief.

Jeff Rolston and Jana Rolston v. Brad's Realty and Property Management, LLC, and Dan L. Bradbury (NFP)
20A04-1209-CC-489
Civil collection. Affirms denial of the Rolstons’ motion to correct error on the judgment denying their claim for fraud, and the denial of Brad’s Realty’s motion to have the Rolstons pay attorney fees.

Demetrius Damon Taylor v. State of Indiana (NFP)
32A01-1205-CR-230
Criminal. Affirms convictions of Class A felony rape, Class B felony criminal confinement enhanced because of the use of a firearm, Class D felony criminal recklessness, Class B felony robbery, Class A felony burglary, two counts of Class D felony theft and determination Taylor is a habitual offender.

Kevin Hester v. State of Indiana (NFP)
49A02-1205-CR-381
Criminal. Affirms sentence for murder.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
 

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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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