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Opinions Feb. 16, 2012

February 16, 2012
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court

Richmond State Hospital and All Other Similarly Situated State Institutions and Agencies v. Paula Brattain, et al.
49S02-1106-CV-327
Civil. Holds that the back pay recovery of the non-merit employees of the state should be limited in the same manner as the Court of Appeals has set forth for that of merit employees of the state. Remands with instructions to recalculate the non-merit employees’ back pay judgment based upon the time period beginning either 10 days before the complaint or 10 days before the filing of their grievances until the day the state eliminated its split-pay system, and summarily affirms the COA in all other respects.

Indiana Court of Appeals
Raymond Dale Berryhill v. Parkview Hospital
02A04-1108-SC-400
Small claim. Affirms ruling that Parkview was immune from liability based on a statute that covers persons who assist in detentions. Disagrees with Berryhill that the immunity statute doesn’t apply because he wasn’t detained for purposes of the statute until after his wife filed the application for detention.

State of Indiana v. Elvis Holtsclaw
49A02-1108-CR-743
Criminal. Dismisses the state’s appeal of the denial of its motion to correct error following the trial court’s order granting Holtsclaw’s motion to suppress evidence. The state doesn’t have the authority to appeal the denial of its motion to correct error in this case. Judge Baker dissents.

Paternity of I.I.Y.; L.M.M. v. J.B.Y. (NFP)
84A01-1105-JP-236
Juvenile. Affirms conclusion that a change of custody was necessary. Reverses trial court’s child support award and remand with instructions that the trial court consider the relevant evidence when arriving at the child support award.

The Matter of the Term. of the Parent-Child Rel. of J.D. and R.G. v. Indiana Dept. of Child Services (NFP)
79A02-1108-JT-850
Juvenile. Affirms involuntary termination of parental rights.

City of Fort Wayne, Indiana v. Town of Huntertown, Indiana (NFP)
02A05-1107-MI-384
Miscellaneous. Affirms summary judgment for Huntertown. The trial court properly determined as a matter of law that Fort Wayne’s correspondence did not amount to a termination of an agreement regarding the treatment of sewage collected in Huntertown.

Roger L. Bushhorn v. State of Indiana (NFP)
40A01-1107-CR-315
Criminal. Reverses and remands with instructions to revise Bushhorn’s sentence to an aggregate term of 35 years for charges including Class A felony kidnapping. Affirms in all other respects.

Rosewood Management Company, Inc. v. Twyla Smith (NFP)

45A05-1107-CC-447
Civil collection. Affirms entry of judgment on the evidence in favor of Smith in a dispute as to whether Smith had to pay for damages to her apartment following a fire.

Jason B. Forrest v. State of Indiana (NFP)
91A05-1106-CR-324
Criminal. Affirms denial of motion to withdraw guilty plea.

Jason J. Kucenski v. State of Indiana (NFP)
20A05-1106-CR-353
Criminal. Reverses conviction of neglect of a dependent, but affirms 45-year sentence and conviction of dealing in methamphetamine. Remands for the trial court to vacate the neglect conviction and sentence for that charge.

State of Indiana v. Angela Bennett (NFP)
79A02-1110-PL-952
Civil plenary. Reverses order granting Bennett a restricted driver’s license.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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