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Opinions Aug. 22, 2012

August 22, 2012
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7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals

Ashley T. Tucker v. Michelle R. Harrison, M.D.
79A05-1108-CT-404
Civil tort. Affirms judgment in favor of Dr. Harrison on Tucker’s medical malpractice complaint. The trial court did not abuse its discretion in excluding Tucker’s expert testimony, limiting her questioning of a witness about possible bias, or in instructing the jury.

Ryan E. Bean v. State of Indiana
91A02-1109-CR-906
Criminal. Reverses two convictions of Class A felony child molesting and remands for retrials if the state so chooses. Concludes Bean was in custody when he finally admitted to the molestation. Bean’s confession was obtained in violation of Miranda protocol and shouldn’t have been admitted into evidence in his trials in Carroll and White counties.  

Jorge Henriquez v. State of Indiana
49A02-1201-CR-6
Criminal. Affirms conviction of Class D felony resisting law enforcement. The trial court did not err in not interrogating the jurors or taking other remedial action regarding alleged improper influence of an alternate juror, so Henriquez’s claim of fundamental error fails.

Gregory L. Brown v. Review Board of the Indiana Dept. of Workforce Development, and H & H Mechanical of Michiana LLC (NFP)
93A02-1202-EX-133
Agency action. Affirms denial of unemployment benefits.

Dennis Ogutu v. State of Indiana (NFP)
71A03-1202-CR-98
Criminal. Affirms conviction of Class A misdemeanor neglect of a dependent.
 
In Re: The Term. of the Parent-Child Rel. of: C.H. and G.H., and G.H. and J.H. v. Indiana Dept. of Child Services (NFP)
79A02-1112-JT-1203
Juvenile termination. Affirms termination of parental rights.

In the Matter of T.B., A Child Alleged to be a Delinquent Child v. State of Indiana (NFP)
65A04-1203-JV-146
Juvenile. Affirms order requiring T.B. register as a sex offender.

Tacuma G. Wolfe v. State of Indiana (NFP)
18A05-1111-CR-604
Criminal. Affirms conviction of Class B felony dealing in cocaine.

Kenneth W. Wegener v. State of Indiana (NFP)
34A05-1202-PC-47
Post conviction. Affirms denial of petition for post-conviction relief.

Steven D. Powell v. State of Indiana (NFP)
45A03-1201-CR-2
Criminal. Affirms sentence for Class B felony dealing in cocaine and Class C felony attempted battery.

Michael A. Ayers v. State of Indiana (NFP)
20A03-1201-CR-52
Criminal. Affirms conviction of Class A felony attempted murder.

Ivan Brown v. State of Indiana (NFP)
71A04-1201-CR-24
Criminal. Affirms conviction of Class B felony burglary.
 

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  1. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  2. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

  3. The US has 5% of the world's population and 25% of the world's prisoners. Far too many people are sentenced for far too many years in prison. Many of the federal prisoners are sentenced for marijuana violations. Marijuana is safer than alcohol.

  4. My daughter was married less than a week and her new hubbys picture was on tv for drugs and now I havent't seen my granddaughters since st patricks day. when my daughter left her marriage from her childrens Father she lived with me with my grand daughters and that was ok but I called her on the new hubby who is in jail and said didn't want this around my grandkids not unreasonable request and I get shut out for her mistake

  5. From the perspective of a practicing attorney, it sounds like this masters degree in law for non-attorneys will be useless to anyone who gets it. "However, Ted Waggoner, chair of the ISBA’s Legal Education Conclave, sees the potential for the degree program to actually help attorneys do their jobs better. He pointed to his practice at Peterson Waggoner & Perkins LLP in Rochester and how some clients ask their attorneys to do work, such as filling out insurance forms, that they could do themselves. Waggoner believes the individuals with the legal master’s degrees could do the routine, mundane business thus freeing the lawyers to do the substantive legal work." That is simply insulting to suggest that someone with a masters degree would work in a role that is subpar to even an administrative assistant. Even someone with just a certificate or associate's degree in paralegal studies would be overqualified to sit around helping clients fill out forms. Anyone who has a business background that they think would be enhanced by having a legal background will just go to law school, or get an MBA (which typically includes a business law class that gives a generic, broad overview of legal concepts). No business-savvy person would ever seriously consider this ridiculous master of law for non-lawyers degree. It reeks of desperation. The only people I see getting it are the ones who did not get into law school, who see the degree as something to add to their transcript in hopes of getting into a JD program down the road.

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