ILNews

Opinions Aug. 4, 2011

August 4, 2011
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Indiana Supreme Court posted no opinions at IL deadline.

Indiana Court of Appeals
Terrence Williams v. State of Indiana
49A02-1101-CR-9
Criminal. Reverses denial of Williams’ petition that a handgun seized by police be released to his counsel. Williams asked the gun be returned after his carrying a handgun without a license charge was dismissed. Williams’ inability to lawfully possess a handgun, without more, doesn’t prevent the return of the gun to his counsel.  

J.W.B. v. Review Board
93A02-1101-EX-5
Agency appeal. Reverses administrative law judge’s denial of J.W.B.’s motion for a continuance of his unemployment insurance appeal hearing and the judge’s decision to proceed to disposition without his participation. The ALJ abused her discretion by denying the requests for a continuance. Remands with instructions to the Review Board of the Indiana Department of Workforce Development to grant J.W.B. a hearing upon due notice.

Cynthia Welch v. Shawn D. Young, et al.
79A02-1012-CT-1407
Civil tort. Reverses summary judgment for Shawn Young and remands for further proceedings. There are issues of fact as to whether the injury took place on the field or outside the playing area, and whether the game had started. Affirms dismissing Young to the extent his potential liability was premised on his status as an employee of a governmental entity.

Lisa Fouce v. State of Indiana (NFP)

27A04-1011-CR-695
Criminal. Affirms convictions of and sentence for Class C felony forgery and Class D felony theft.

Robert Holland v. Manufacturers and Traders Trust Co., et al. (NFP)
45A04-1004-PL-324
Civil plenary. Affirms judgment in favor of intervenor Richard Loveless in Robert Holland’s quite title lawsuit.

Roy Kelley, Jr. v. State of Indiana (NFP)
48A02-1011-CR-1197
Criminal. Affirms sentence for Class B felony aggravated battery.

Timothy & Stephanie Mackall v. Cathedral Trustees, Inc. (NFP)

49A02-1104-CC-281
Civil collections. Affirms the trial court had subject matter jurisdiction to enforce its judgment entered in favor of Cathedral for the Mackalls’ breach of contract or non-payment of tuition.

Roy Austin Smith v. State of Indiana (NFP)
77A05-1011-PL-726
Civil plenary. Affirms partial summary judgment to the Indiana Department of Correction regarding whether he filed a notice with the Indiana attorney general and IDOC within 180 days of his loss as required by the Indiana Tort Claims Act.

Bryan E. Clark v. State of Indiana (NFP)
16A01-1011-CR-604
Criminal. Affirms 12-year sentence executed in the Department of Correction.

Betsy Waters v. Indiana State University (NFP)
93A02-1101-EX-78
Agency appeal. Reverses denial of worker’s compensation benefits and remands for proceedings consistent with the opinion.

Adoption of X.B.M.; H.P. and A.P. v. K.M. (NFP)
68A05-1012-AD-775
Adoption. Affirms denial of H.P. and A.P.’s petition to adopt their grandson.

Joel T. Martinez v. State of Indiana (NFP)
49A02-1012-CR-1325
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated in a manner that endangered a person.

Marcus Bailey v. State of Indiana (NFP)
82A04-1012-CR-761
Criminal.  Affirms conviction of Class A felony dealing in cocaine.

Indiana Tax Court posted no opinions at IL deadline.
 

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  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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