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Opinions Aug. 6, 2012

August 6, 2012
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7th Circuit Court of Appeals issued no Indiana opinons prior to IL deadline.

Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline.

Indiana Court of Appeals
Donald Gregory Huls v. State of Indiana

64A04-1110-CR-552
Criminal. Affirms convictions of criminal recklessness, one as a Class D felony and one as a Class C felony. Affirms denial of motion for mistrial because the prosecutor’s isolated comment did not have a probable persuasive effect on the jury and did not place Huls in grave peril. His proposed jury instructions incorrectly stated the law on self-defense or the evidence did not support giving them.  

PNC Bank, National Association, et al. v. LA Development, Inc., Andrew L. Arbuckle, et al., and INTA, LLC v. PNC Bank, National Association, et al.
41A01-1107-MF-314
Mortgage foreclosure. Reverses decision in favor of INTA in an action filed by PNC against LA Development, INTA, and two individuals. The subordination agreement is ambiguous, but concludes PNC did not relinquish all of its rights and remedies in the subordination agreement. Because PNC has shown the requisite provisions of Indiana Code 32-30-5-1 have been satisfied and PNC did not relinquish its mandatory right to the appointment of a receiver, the trial court order is erroneous. Remands for further proceedings.

Janet M. Wright v. State of Indiana (NFP)
11A04-1109-CR-506
Criminal. Affirms denial of Wright’s motion to suppress as to the marijuana found beside her house and the trial court’s deferring to rule on all evidence found inside the home and outbuildings due to insufficient evidence to address that matter. Remands for further proceedings.

Brian L. Millard v. State of Indiana (NFP)
87A01-1201-CR-18
Criminal. Affirms conviction of Class A misdemeanor criminal recklessness.

Preload, Inc. v. Hammond Water Works Department and Jeffrey Porter General Contractors, Inc. (NFP)
45A05-1201-PL-22
Civil plenary. Reverses the trial court order to the extent that the arbitration order says that Preload must be joined as a party in the arbitration between Jeffrey Porter and Hammond Water Works. Remands for further proceedings. Judge Mathias concurs in result.

Paul Edward McMinn v. Lisa Stephanie McMinn (NFP)
20A03-1106-DR-245
Domestic relation. Affirms in part the order which established that child H.McM. should continue his secondary education at a private, parochial high school. Remands for further proceedings.

 

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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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