ILNews

Opinions August 12, 2013

August 12, 2013
Keywords
Back to TopE-mailPrintBookmark and Share

7th Circuit Court of Appeals
Thomas H. Hurlow v. United States of America
12-1374
Criminal. Reverses the district court’s denial of Hurlow’s 2255 petition and remands for further proceedings. Rules Hurlow’s allegation - he would not have entered into the plea agreement had his counsel informed him of his potentially meritorious Fourth Amendment claim - was sufficient to overcome the wavier in his plea agreement not to contest his conviction or sentence under 28 U.S.C. 2255.


Indiana Tax Court
Miller Pipeline Corporation v. Indiana Dept. of State Revenue

49T10-1012-TA-64
Tax Court. Denies Miller Pipeline’s petition for partial summary judgment on its appeal of a Department of Revenue final determination denying its claim for a refund of gross retail sales and use tax paid between 2005-2007. The court held that evidence submitted in support of the motion was not properly designated and is inadmissible. The court will by separate order schedule a case management conference with parties to discuss pre-trial matters and scheduling.


Indiana Court of Appeals
Billy Savoy v. State of Indiana (NFP)
49A02-1301-CR-14
Criminal. Reverses and remands to the trial court with instructions to vacate Savoy’s conviction for theft, a Class D felony, leaving as is his conviction and sentence for criminal mischief, a Class D felony. Rules Savoy has shown that there is a reasonable possibility that the trial court used the same evidentiary facts to establish the essential elements of theft and criminal mischief thus violating Indiana’s Double Jeopardy Clause.

Martin Mendoza v. State of Indiana (NFP)

49A04-1302-CR-68
Criminal. Reverses and remands the denial of Mendoza’s motion for return of his $658 taken at the time of his arrest. Rules there is no finding based on admissible evidence that Mendoza could not lawfully posses the property under the State forfeiture statutes or that Mendoza failed to file his motion properly. Consequently, the trial court was without authority to deny his motion for return of property.


Tammy Coleman v. Darryl Davis (NFP)

49A02-1210-PO-793
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2013/august/08121303pdm.pdf
Order of Protection. Affirms trial court’s decision to enter a protective order against Coleman and in favor of Davis. Concludes the evidence was sufficient to permit the trial court, acting as the trier of fact, to reasonably conclude that Coleman was a “family or household member” who threatened physical harm to Davis or placed Davis in fear of physical harm, thereby committing “domestic or family violence” under the Civil Protection Order Act. In his dissent, John Baker argued the evidence presented in court failed to establish a sufficient threat under the CPOA.

The Indiana Supreme Court issued no opinions before IL deadline.

 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. "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!

  2. 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.

  3. 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.

  4. "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.

  5. Finally, an official that realizes that reducing the risks involved in the indulgence in illicit drug use is a great way to INCREASE the problem. What's next for these idiot 'proponents' of needle exchange programs? Give drunk drivers booze? Give grossly obese people coupons for free junk food?

ADVERTISEMENT