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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. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  2. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  3. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  4. Why do so many lawyers get away with lying in court, Jamie Yoak?

  5. Future generations will be amazed that we prosecuted people for possessing a harmless plant. The New York Times came out in favor of legalization in Saturday's edition of the newspaper.

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