ILNews

Opinions Dec. 2, 2010

December 2, 2010
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7th Circuit Court of Appeals
United States of America v. Juan A. Corona-Gonzalez a/k/a Juan R. Ramirez
09-3993
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge David F. Hamilton.
Criminal. Reverses sentence for drug convictions and possession of a firearm in furtherance of a drug trafficking crime. There is a substantial chance that the District Court’s misapprehension of whether Corona-Gonzalez was deported and returned to the country illegally played a significant role in the adjudication of his sentence. Remands to allow the District Court to reassess the sentence free of the factual misapprehension.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Paul J. Kocielko v. State of Indiana
20A03-1002-CR-218
Criminal. Affirms conviction of Class B felony sexual misconduct with a minor and habitual offender adjudication. Remands with instructions to set aside Class C felony conviction of and sentence for sexual misconduct with a minor because Kocielko committed acts against a single victim in one confrontation, so double jeopardy prohibitions prevented his being convicted of and sentenced for the Class C felony charge. Affirms in all other respects.

Kenneth Pope and Judie Pope v. Hancock County Rural Electric d/b/a Central Indiana Power
30A05-1001-CT-3
Civil tort. Affirms order granting Central Indiana Power’s motion for judgment on the evidence in the Popes’ suit alleging the company was negligent because its failure to timely restore power to their home caused Kenneth to injure himself in the dark. The Popes didn’t establish that a standard of care existed by which CIP should have worked to restore power to its customers after the storm and that there was a breach of that standard of care. CIP’s actions were not the proximate cause of Kenneth’s injuries.

James and Robert New v. Personal Representative of the Estate of Martha New
71A04-0912-CV-744
Civil. Affirms denial of Robert’s combined motion to correct error, motion for relief from judgment, and motion for reconsideration of the court’s approval of the estate of Martha New’s third amended final accounting. The probate court didn’t err when it approved the estate’s third amended accounting without affording time for notice and a hearing. Remands for a determination of appellate attorney fees for the estate.

Indiana Tax Court had 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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