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Opinions April 20, 2012

April 20, 2012
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals

Andre M. Perry v. State of Indiana (NFP)
45A05-1108-CR-397
Criminal. Affirms convictions of murder, Class A felony attempted murder and Class D felony residential entry.

In Re the Matter of the Support of David L. Minick, II, David L. Minick v. Victoria S. Cox (NFP)
02A03-1109-DR-419
Domestic relation. Reverses trial court decision which calculated a credit against mother’s child support arrearage and ordered a credit for a retroactive child support obligation as to father. Remands with instructions.

Donald E. White v. Susan A. White (NFP)
64A04-1104-DR-230
Domestic relation. Affirms trial court decision to order an unequal division of the marital estate and that disability maintenance be paid to Susan White. Any error that the trial court may have made in including the value of the stock options in the marital estate and assigning that value to Donald White was harmless. Remands for further consideration.

Dennis Fecker, Jr. v. State of Indiana (NFP)
49A04-1109-CR-466
Criminal. Affirms conviction of Class B felony sexual misconduct with a minor.

Donald Parker v. State of Indiana (NFP)
49A02-1108-CR-788
Criminal. Affirms conviction of Class A misdemeanor intimidation.

Jakesha J. Wilms v. State of Indiana (NFP)
02A03-1102-CR-46
Criminal. Affirms guilty plea and the termination of Wilms’ participation in a drug court diversion program.

Carl Daulton v. State of Indiana (NFP)
88A01-1108-PC-372
Post conviction. Affirms denial of petition for post-conviction relief.

William D. James v. State of Indiana (NFP)
71A03-1110-CR-486
Criminal. Affirms 30-year sentence for Class A felony child molesting.
 

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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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