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Opinions April 3, 2012

April 3, 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 had posted no opinions at IL deadline.


Indiana Court of Appeals
William Minnick v. State of Indiana
47A05-1108-CR-448
Criminal. Minnick failed to establish that his right to speedy sentencing was violated. Reverses conviction of Class A felony robbery and orders that it be entered as a Class B felony due to double jeopardy and that a 20-year and consecutive sentence on this count be imposed. Minnick also failed to establish that the trial court abused its discretion in denying his request for a competency hearing.

Edmond D. Martin v. State of Indiana ex rel. Ronald Jordan, Union County Prosecuting Attorney and the Indiana Bureau of Motor Vehicles (NFP)
81A04-1112-MI-691
Miscellaneous. Affirms denial of Martin’s petition for judicial review in which he sought to invalidate his driver’s license suspension on grounds of improper notice.

Becky Schaffer v. State of Indiana (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2012/april/04031202cjb.pdf
49A02-1109-CR-826
Criminal. Affirms convictions of Class A misdemeanor domestic battery and Class A misdemeanor battery.
 

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  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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