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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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  1. Welcome to Hendricks County where local and state statutes (especially Indiana Class C misdemeanors) are given a higher consideration than Federal statues and active duty military call-ups.

  2. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  3. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  4. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  5. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

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