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Opinions Dec. 13, 2013

December 13, 2013
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Indiana Court of Appeals
John Everitt Dickey v. State of Indiana
10A01-1212-CR-587
Criminal. Affirms conviction of two counts of Class A child molesting, rejecting Dickey’s argument that testimony about his physical abuse of the victim and her mother was improperly admitted. The court held that Dickey failed to preserve the argument for appeal because, while his attorney objected to a line of questioning about when Dickey’s relationship with the victim’s mother began to change, a continuing objection was not raised.

Indiana Supreme Court
The following opinion was issued after IL deadline Thursday.
Demetrius Walker v. State of Indiana
49S02-1312-CR-804
Criminal. Affirms Walker’s conviction for resisting law enforcement as a Class A misdemeanor. Although he did not physically touch a police officer, Walker ignored orders to drop to the ground and instead moved toward the officer in an aggressive manner with his fist clenched. The Supreme Court found the totality of Walker’s conduct was sufficient to show an active threat of strength, violence or power.


7th Circuit Court of Appeals
The following opinion was issued after IL deadline Thursday.
Kenny A. Jones, Sr. v. City of Elkhart, Indiana, et al.
12-3912
Criminal. Affirms summary judgment in favor of City of Elkhart and other defendants in a suit alleging a traffic stop and drunken-driving arrest were violations of the plaintiff’s Fourth and Fourteenth Amendment rights. Summary judgment was permissible because the record showed ample probable cause for police to stop Jones, who later tested above the legal blood alcohol limit and was charged with operating a vehicle while intoxicated.

The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to 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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