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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. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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  3. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

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