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Opinions Dec. 17, 2012

December 17, 2012
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7th Circuit Court of Appeals issued no Indiana opinions and the Indiana Supreme Court and  Tax Court issued no opinions by IL deadline.

Indiana Court of Appeals
Charles Knight v. Allstate Property and Casualty Ins. Co. (NFP)
02A05-1206-PL-290
Civil plenary. Affirms summary judgment in favor of Allstate.

Shelly Watson v. State of Indiana (NFP)
49A04-1204-CR-204
Criminal. Affirms trial court conviction of Class B misdemeanor public intoxication.

Ellis DeBerry v. State of Indiana (NFP)
49A04-1111-CR-606
Criminal rehearing. Declines request for rehearing and reaffirms trial court conviction of Class A misdemeanor resisting law enforcement.

Star Homes, Individually and d/b/a Garden Homes, Inc., David Garden, Donna Rothwell, John Michael Myers, Indiana Telephone Co., et al. v. Equity Trust Co., FBO James E. Henke, IRA (NFP)
49A02-1204-MF-350
Mortgage foreclosure. Reverses the trial court’s grant of summary judgment in favor of Equity Trust and remands, holding that summary judgment was inappropriate because the evidence was sufficient to create a factual issue regarding tendered payments.

In the Matter of B.A., Child Alleged to be in Need of Services; C.A. v. Indiana Dept. of Child Services (NFP)
49A02-1203-JC-252
Juvenile. Affirms the trial court order finding B.A. to be a child in need of services.

In the Matter of the Term. of the Parent-Child Rel. of J.B.; J.J. and B.B. v. Indiana Dept. of Child Services (NFP)
40A01-1204-JT-155
Juvenile/termination of parental rights. Affirms trial court termination of parental rights.












 

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  1. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  2. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

  3. The US has 5% of the world's population and 25% of the world's prisoners. Far too many people are sentenced for far too many years in prison. Many of the federal prisoners are sentenced for marijuana violations. Marijuana is safer than alcohol.

  4. My daughter was married less than a week and her new hubbys picture was on tv for drugs and now I havent't seen my granddaughters since st patricks day. when my daughter left her marriage from her childrens Father she lived with me with my grand daughters and that was ok but I called her on the new hubby who is in jail and said didn't want this around my grandkids not unreasonable request and I get shut out for her mistake

  5. From the perspective of a practicing attorney, it sounds like this masters degree in law for non-attorneys will be useless to anyone who gets it. "However, Ted Waggoner, chair of the ISBA’s Legal Education Conclave, sees the potential for the degree program to actually help attorneys do their jobs better. He pointed to his practice at Peterson Waggoner & Perkins LLP in Rochester and how some clients ask their attorneys to do work, such as filling out insurance forms, that they could do themselves. Waggoner believes the individuals with the legal master’s degrees could do the routine, mundane business thus freeing the lawyers to do the substantive legal work." That is simply insulting to suggest that someone with a masters degree would work in a role that is subpar to even an administrative assistant. Even someone with just a certificate or associate's degree in paralegal studies would be overqualified to sit around helping clients fill out forms. Anyone who has a business background that they think would be enhanced by having a legal background will just go to law school, or get an MBA (which typically includes a business law class that gives a generic, broad overview of legal concepts). No business-savvy person would ever seriously consider this ridiculous master of law for non-lawyers degree. It reeks of desperation. The only people I see getting it are the ones who did not get into law school, who see the degree as something to add to their transcript in hopes of getting into a JD program down the road.

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