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Opinions Aug. 27, 2010

August 27, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Brian S. Adcock v. State of Indiana
47A01-0912-CR-591
Criminal. Affirms convictions of two counts of Class A felony child molesting, two counts of Class B felony sexual misconduct with a minor, and finding that Adcock is a repeat sexual offender. The trial court didn’t err in permitting the prosecutor to analogize the standard of proof to a jigsaw puzzle during voir dire or in allowing the state to amend the repeat sexual offender notice.

Victor C. Regalado v. Estate of Joseph Regalado and Paula Heffelfinger
64A05-0911-CV-672
Civil. Reverses trial court grant of summary judgment that Heffelfinger is Joseph Regalado’s half-sister. Holds that a child must show she is a child born out of wedlock before I.C. Section 29-1-2-7 is applicable and that there is a genuine issue of material fact as to whether Paula is a child born out of wedlock. Also holds that Joseph’s father’s acknowledgment of Paula as his biological daughter in the Agreed Order of Annulment does not preclude Joseph’s father or any other heir from challenging his paternity of Paula. Remands for further proceedings.

Michael Butler v. State of Indiana
49A02-0904-CV-343
Civil. Reverses denial of Butler’s pro se motions to set aside default judgment against him for operating a truck in a restricted lane on a highway consisting of at least three lanes, and for speeding, both as civil infractions. Butler engaged in no “foot dragging” or other behavior seeking to delay the process and attempted to immediately address the effects of his absence from the March 16 hearing. Procedural issues also interfered with his ability to obtain a hearing. Remands with instructions to set a new trial date.

B.F. v. Review Board, and Whirlpool Corp. (NFP)
93A02-1004-EX-379
Civil. Affirms denial of unemployment insurance benefits.

Katina Starks v. State of Indiana (NFP)
02A05-1001-CR-27
Criminal. Affirms conviction of Class D felony theft.

Shawn Davis b/n/f Misty Davis v. Animal Control-City of Evansville, Evansville Housing Authority, et al. (NFP)
82A01-0911-CV-527
Civil. Reverses summary judgment for the city defendants in Davis’ action following injuries he received from a dog bite. Remands for further proceedings.

Ronald C. Hedges v. Weyerbacher Farms (NFP)
87A05-1003-PL-275
Civil plenary. Affirms summary judgment for Weyerbacher Farms in Hedges’ lawsuit for breach of pasture lease, and declaratory judgment abating rent payments and extending the term of the lease.

Term. of Parent-Child Rel. of M.B., et al.; M.R. v. Marion County DCS and Child Advocates (NFP)
49A02-1002-JT-109
Juvenile. Affirms involuntary termination of parental rights.

Steve Ballard v. State of Indiana (NFP)
49A02-1001-CR-63
Criminal. Affirms two convictions of murder and 110-year sentence.

Danitra White v. State of Indiana (NFP)
49A02-0911-CR-1150
Criminal. Affirms convictions of Class D felonies domestic battery and two counts of battery.

Dustin J. Baumbarger v. State of Indiana (NFP)
02A04-0912-CR-675
Criminal. Affirms conviction of Class D felony theft.

Thomas A. Hopkins v. State of Indiana (NFP)
48A05-1002-CR-125
Criminal. Affirms revocation of placement in in-home detention and execution of part of Hopkins’ previously suspended sentence.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  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.

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