ILNews

Opinions April 8, 2011

April 8, 2011
Keywords
Back to TopE-mailPrintBookmark and Share

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Samuel D. Raisor, et al. v. Edward O. Carter, et al.
49A05-1010-CT-629
Civil tort. Reverses summary judgment for Jimmie’s Raceway Pub, in which the trial court found the Raisors’ action was barred by the two-year statute of limitations for personal injury actions and the amended complaint couldn’t relate back to the original filing date because Jimmie’s received notice of the action after the expiration of the 120-day period allowed under Ind. Trial Rule 15(C). Jimmie’s wasn’t prejudiced as the owner learned of the suit within the two-year statute of limitations. Assuming the requirements of T.R. 15(C) are otherwise met, the 120-day limit will be applied only to enlarge the applicable statute of limitations.

Gerald W. Sandefur v. State of Indiana
71A05-1009-CR-605
Criminal. Affirms convictions of Class A misdemeanor invasion of privacy and Class D felony battery and remands with instructions to vacate the conviction and sentence for Class A misdemeanor battery. The arresting officer’s testimony fit the excited utterance exception to the hearsay rule, there is sufficient circumstantial evidence to convict Sandefur of battery, but he can’t be convicted of both the misdemeanor and felony on double jeopardy grounds.

Dana Birdin v. Barbara Blakemore (NFP)
49A02-1007-EU-833
Estate unsupervised. Affirms judgment against Birdin in the amount of $9,450 on a conversion claim and more than $75,000 on a replevin claim and order that Birdin pay Blakemore’s attorney fees.

Mark Gregory v. State of Indiana (NFP)
48A02-1009-CR-984
Criminal. Affirms revocation of probation and order Gregory serve his remaining term of approximately 65 years in prison.

Joseph Dixon v. State of Indiana (NFP)
49A04-1008-CR-488
Criminal. Affirms sentence following guilty plea to three counts of Class B felony burglary and one count of Class C felony burglary.

Indiana Tax Court had posted no opinions at IL deadline.

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  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.

ADVERTISEMENT