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Opinions April 9, 2012

April 9, 2012
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Indiana Supreme Court and Indiana Tax Court had posted no opinions by IL deadline. 7th Circuit Court of Appeals had posted no Indiana opinions by IL deadline.

Indiana Court of Appeals

In the Matter of the Involuntary Term. of the Parent-Child Rel. of L.J., and R.J., III; and V.A., and R.J. v. Marion Co. Dept. of Child Services and Child Advocates (NFP)
49A02-1108-JT-804
Juvenile. Affirms termination of parental rights for mother and father.

Justin Thomas v. State of Indiana (NFP)
49A02-1107-CR-660
Criminal. Holds that Thomas has not proven that a judge’s inquiry into venue constituted a fundamental error. Remands in part to correct abstract of judgment, holding sentences for both dealing in and possession of marijuana violate double jeopardy standards.

Steven W. Stockwell v. State of Indiana (NFP)
84A01-1108-CR-392
Criminal. Affirms trial court’s order revoking probation, holding Stockwell voluntarily, knowingly and intelligently waived his right to counsel at a probation violation hearing.

Lonnie Johnson v. State of Indiana (NFP)
15A05-1109-CR-475
Criminal. Affirms sentence for Class C felony robbery.

Mychael Nance v. State of Indiana (NFP)
49A05-1108-CR-418
Criminal. Affirms trial court’s denial of motion to suppress evidence, holding that a warrantless search was justified, because police believed Nance’s home had just been or was being burglarized at the time they arrived.

Allen R. Stout, et al. v. Linda Zabona (NFP)
92A03-1105-CT-203
Civil tort. Affirms jury verdict and award of damages in favor of Zabona. Affirms jury’s verdict against Stout and other defendants on breach of contract and fiduciary duty.
 

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  2. 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.

  3. 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.

  4. 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.

  5. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

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