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Opinions Dec. 4, 2012

December 4, 2012
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Indiana Court of Appeals
Jerry Vanzyll v. State of Indiana
34A02-1111-CR-1050
Criminal. Affirms in part, reverses in part and remands to the trial court convictions of Class B felony dealing in methamphetamine, Class D felonies of possession of meth and possession of chemical reagents or precursors with intent to manufacture a controlled substance, and Class A misdemeanor resisting law enforcement. The court affirmed the drug convictions but ordered the resisting conviction vacated because it held there was insufficient evidence to prove that Vanzyll fled.

Lane Alan Schrader Trust as Trustee under the Trust Agreement dated 16th day of November, 1999, and known as Lane Alan Schrader Self-Declaration of Trust v. Larry Gilbert and Nancy J. Malecki
75A04-1112-PL-676
Civil plenary, rehearing. Affirms prior COA order that affirmed a trial court’s determination that a legal survey was defective, and restated that the trial court has three options: it may accept the original survey, reject the survey and order a new survey by a different surveyor, or order the county surveyor to mark property boundaries according to court findings based on evidence presented to the court, including previous surveys.  

James T. Mitchell v. 10th And The Bypass, LLC, and Elway, Inc.
53A01-1112-PL-593
Civil plenary, rehearing. Affirms prior COA ruling that the trial court did not abuse its discretion when it vacated its interlocutory partial summary judgment for Mitchell under Indiana Trial Rule 54(B), concluding that on rehearing Mitchell attempted to adjust and supplement his original argument, which he cannot do.

Brian A. McKinney v. State of Indiana (NFP)
41A05-1203-CR-126
Criminal. Affirms convictions of Class C felonies robbery and escape and Class D felony residential entry.

B.W. v. State of Indiana (NFP)
49A02-1205-JV-421
Juvenile/criminal. Affirms adjudication as a delinquent for committing acts that would constitute residential entry as a class D felony and criminal mischief as a class B misdemeanor if committed by an adult.

Robert E. Eastwood v. State of Indiana (NFP)
07A04-1202-CR-64
Criminal. Affirms convictions of Class A felony child molesting, Class C felony child molesting and Class D felony fondling in the presence of a minor.

Richard Eric Johnson v. Gillian Wheeler Johnson (NFP)
49A05-1202-DR-81
Domestic relations. Affirms in part, reverses in part and remands to the trial court with instructions to recalculate child support and amend its order accordingly.

S.J. v. State of Indiana (NFP)
49A05-1203-JV-147
Juvenile. Affirms commitment of S.J. as a ward of the Department of Correction following true findings for burglary and theft.
 

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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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