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Opinions Dec. 10, 2013

December 10, 2013
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Indiana Court of Appeals
David Didion and Kristi Didion as Parents and Legal Guardians of Brayden Didion v. Auto-Owners Insurance Company
27A02-1303-PL-232
Civil plenary. Affirms summary judgment in favor of Auto-Owners Insurance Co. on its complaint seeking a declaratory judgment that it had no liability for a dog bite on an insured’s property. The person living at the property was not an insured and Auto-Owners was not given timely notice of the dog bite and injury pursuant to the terms of the policy.

Robert Jackson v. State of Indiana (NFP)
48A05-1303-CR-148
Criminal. Affirms denial of motion to withdraw guilty plea.

Raymond B. Baker v. State of Indiana (NFP)
24A01-1304-CR-163
Criminal. Affirms convictions of two counts of Class D felony neglect of a dependent.

Dabian Dorion Boyd v. State of Indiana (NFP)
71A04-1304-CR-174
Criminal. Affirms murder conviction.

Sheryl A. Payne v. Thomas L. Payne (NFP)
23A01-1305-DR-204
Domestic relation. Affirms denial of wife’s motion to correct error after her request for spousal maintenance was denied.

Jessica L. Rhye v. State of Indiana (NFP)
18A02-1303-CR-248
Criminal. Affirms conviction of Class D felony possession of reagents or precursors with intent to manufacture a controlled substance.

Kennith Howard v. Erica Lofton (NFP)
49A05-1302-DR-43
Domestic relation. Affirms denial of Howard’s motion to reconsider and set for hearing, and his motion to correct error and relief from judgment from his dissolution proceeding with Lofton.

Aaron Edward Belcher v. State of Indiana (NFP)
45A05-1305-CR-225
Criminal. Affirms convictions of one count each of Class B felony burglary, Class C felony escape, Class D felonies confinement and possession of a narcotic drug, and Class A misdemeanor resisting law enforcement and possession of marijuana.

Timothy D. Driscoll, Jr v. State of Indiana (NFP)
82A05-1303-CR-147
Criminal. Affirms conviction of Class B felony dealing in methamphetamine.

The Indiana Supreme Court and Tax Court posted no opinions at IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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