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Opinions April 23, 2014

April 23, 2014
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Indiana Court of Appeals
Matthew P. Wilhoite v. State of Indiana
34A04-1303-CR-138
Criminal. Affirms conviction of Class B felony “conspiracy to commit attempted armed robbery.” Wilhoite argued his conviction is invalid because a person may not be convicted of “conspiring to attempt” any crime. Although the state referenced a non-existent crime when it listed “conspiracy to commit attempted robbery” on the charging information as the crime committed, Wilhoite has not demonstrated fundamental error.  

Charla P. Richard v. State of Indiana
50A03-1307-CR-297
Criminal. Affirms conviction of Class D felony possession of methamphetamine. Richard’s arrest and the subsequent search of the vehicle she was riding in did not violate the Fourth Amendment or Article I, Section 11 of the Indiana Constitution.

Co-Alliance, LLP v. Monticello Farm Service, Inc.
91A05-1312-PL-607
Civil plenary. Affirms the trial court’s determination that the subordination agreement between Monticello Farm Service and First Farmers Bank & Trust gave Monticello first claim on the remaining $181,000 in 2010 crop proceeds. Concludes Indiana should follow the majority rule on agreements to modify the priority of liens securing interests in a borrower’s assets. Recognizing such agreements is consistent with the Uniform Commercial Code and Indiana common law.

In re the Marriage of: Jose de Jesus Carrillo Perez and Maria Guadalupe Carrillo Perez, Maria Guadalupe Vidrios Zepeda f/k/a Maria Guadalupe Carrillo Perez v. Jose de Jesus Carrillo Perez
02A05-1305-DR-256
Domestic relation. Affirms awarding Maria Guadalupe Carrillo Perez the equivalent of 2.5 percent of ex-husband Jose de Jesus Carrillo Perez’s lottery winnings. Because the language of her ex-husband’s admission did not preclude the trial court from awarding Maria only 2.5 percent of his lottery proceeds and Maria fails to overcome the strong presumption that the trial court considered and complied with the applicable statute, the trial court did not abuse its discretion.

Dustin E. McCowan v. State of Indiana (NFP)
64A03-1305-CR-189
Criminal. Affirms felony murder conviction.

Timothy Robertson v. State of Indiana (NFP)
27A02-1307-PC-646
Post conviction. Affirms denial of petition for post-conviction relief.

Vincent Smith v. State of Indiana (NFP)
49A04-1309-CR-443
Criminal. Affirms conviction of Class D felony criminal recklessness.

Nicole Snodgrass v. State of Indiana (NFP)
83A01-1308-CR-370
Criminal. Affirms sentence for two counts of Class B felony dealing in a Schedule II controlled substance and three counts of Class D felony theft.

Dalvinder Singh v. State of Indiana (NFP)
49A05-1306-CR-313
Criminal. Affirms conviction of Class D felony sexual battery.

Nestor Canenguez-Ramirez v. State of Indiana (NFP)
20A04-1307-PC-371
Post conviction. Affirms denial of petition for post-conviction relief.

Raymond Cantu v. State of Indiana (NFP)
20A03-1301-CR-8
Criminal. Affirms convictions of Class A felony child molesting, Class C felony child molesting and Class A felony attempted child molesting.

Joseph Pennington v. State of Indiana (NFP)
05A02-1309-CR-823
Criminal. Affirms sentence for Class B felony sexual misconduct with a minor.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.

 

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  1. IF the Right to Vote is indeed a Right, then it is a RIGHT. That is the same for ALL eligible and properly registered voters. And this is, being able to cast one's vote - until the minute before the polls close in one's assigned precinct. NOT days before by absentee ballot, and NOT 9 miles from one's house (where it might be a burden to get to in time). I personally wait until the last minute to get in line. Because you never know what happens. THAT is my right, and that is Mr. Valenti's. If it is truly so horrible to let him on school grounds (exactly how many children are harmed by those required to register, on school grounds, on election day - seriously!), then move the polling place to a different location. For ALL voters in that precinct. Problem solved.

  2. "associates are becoming more mercenary. The path to partnership has become longer and more difficult so they are chasing short-term gains like high compensation." GOOD FOR THEM! HELL THERE OUGHT TO BE A UNION!

  3. Let's be honest. A glut of lawyers out there, because law schools have overproduced them. Law schools dont care, and big law loves it. So the firms can afford to underpay them. Typical capitalist situation. Wages have grown slowly for entry level lawyers the past 25 years it seems. Just like the rest of our economy. Might as well become a welder. Oh and the big money is mostly reserved for those who can log huge hours and will cut corners to get things handled. More capitalist joy. So the answer coming from the experts is to "capitalize" more competition from nonlawyers, and robots. ie "expert systems." One even hears talk of "offshoring" some legal work. thus undercutting the workers even more. And they wonder why people have been pulling for Bernie and Trump. Hello fools, it's not just the "working class" it's the overly educated suffering too.

  4. And with a whimpering hissy fit the charade came to an end ... http://baltimore.cbslocal.com/2016/07/27/all-charges-dropped-against-all-remaining-officers-in-freddie-gray-case/ WHISTLEBLOWERS are needed more than ever in a time such as this ... when politics trump justice and emotions trump reason. Blue Lives Matter.

  5. "pedigree"? I never knew that in order to become a successful or, for that matter, a talented attorney, one needs to have come from good stock. What should raise eyebrows even more than the starting associates' pay at this firm (and ones like it) is the belief systems they subscribe to re who is and isn't "fit" to practice law with them. Incredible the arrogance that exists throughout the practice of law in this country, especially at firms like this one.

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