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Opinions Dec. 21, 2011

December 21, 2011
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The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:
In the Matter of: Lawrence T. Newman
49S00-0907-DI-331
Discipline. Suspends Lawrence Newman for 18 months without automatic reinstatement. Finds he committed misconduct by failing to comply with a client's reasonable requests for an accounting of the hours he worked prior to being discharged, by charging an unreasonable fee, by failing to withdraw from representation promptly after being discharged and by failing to return the client's file after its retention was no longer necessary to secure payment of his fee. Justice Rucker dissents in part and Justice David did not participate in the case.

Wednesday’s opinions
7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.


Indiana Court of Appeals
Hans Maldonado v. State of Indiana (NFP)
29A05-1104-CR-231
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle while intoxicated.

Dominick L. Wilson v. State of Indiana (NFP)
45A04-1105-CR-219
Criminal. Affirms sentence following guilty plea to Class A felony voluntary manslaughter.

Arthur D. Miles v. State of Indiana (NFP)
49A02-1104-PC-320
Post conviction. Affirms sentence following guilty plea to Class B felony dealing in cocaine.

Thomas Aufiero v. Daniel Ricks (NFP)
79A04-1107-PO-350
Protection order. Affirms entry of the protective order. Reverses order with respect to the provision limiting Aufiero from being present on the premises of Ricks’ place of employment and remands for reconsideration of that provision’s scope.

Jesse J. Dixon v. State of Indiana (NFP)
35A05-1003-CR-822
Criminal. Affirms convictions of and sentence for two counts of Class A felony child molesting and one count of Class C felony child molesting.

Lyndon J. Woodward v. State of Indiana (NFP)
02A05-1104-CR-219
Criminal. Affirms convictions of possession of paraphernalia as a Class A misdemeanor and two counts of Class D felony possession of a controlled substance.

Michael A. Caputo v. State of Indiana (NFP)
03A01-1103-PC-123
Post conviction. Affirms denial of petition for post-conviction relief.

The Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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