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Opinions Feb. 13, 2013

February 13, 2013
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7th Circuit Court of Appeals
United States of America v. Jesus Uribe
11-3590
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge Jane Magnus-Stinson.
Criminal. Affirms decision granting Uribe’s motion to suppress heroin found after traffic stop. The government failed to show that the officer had reasonable suspicion to stop Uribe’s vehicle to investigate why its registration was tied to a white Nissan whereas the Nissan Uribe was driving was blue. Investigatory stops based on color discrepancies alone are insufficient to give rise to reasonable suspicion.

Indiana Court of Appeals
In the Matter of the Estate of Samuel L. Tolley, Deceased; First Merchants Bank, N.A. v. Duane Earl Tolley, and Betty June Tolley
52A02-1208-EU-671
Estate, unsupervised. Reverses summary judgment to the estate of Samuel Tolley. Concludes that the Due Process Clause applies to Ind. Code 29-1-7-7. Even though First Merchants had actual notice of Samuel Tolley’s death, the phone call from the attorney for the personal representatives did not meet the requirement of informing the bank of the time period for filing a claim. Remands for further proceedings.

Robert Powell v. State of Indiana (NFP)
15A04-1207-CR-375
Criminal. Affirms sentence following guilty plea to Class B felony criminal deviate conduct.

Term. of the Parent-Child Rel. of: A.C., Minor Child, K.W., Mother, and J.C., Father v. Indiana Dept. of Child Services (NFP)
02A04-1206-JT-300
Juvenile. Affirms involuntary termination of parental rights of mother and father.

Julia Patterson v. State of Indiana (NFP)

49A02-1204-CR-300
Criminal. Reverses order Patterson pay $50 supplemental public defender fee and remands for proceedings consistent with the opinion.

Lee Ross v. State of Indiana (NFP)

61A01-1207-CR-306
Criminal. Affirms convictions of three counts of Class A misdemeanor cruelty to an animal.

Term. of the Parent-Child Rel. of: T.B., M.B., and L.B., (Minor Children), and J.B., (Father) v. Indiana Dept. of Child Services (NFP)

02A03-1207-JT-336
Juvenile. Reverses termination of father’s parental rights and remands with instructions that the trial court enter additional findings to support its judgment.

The Indiana Supreme Court and Tax Court posted no opinions by 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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