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Opinions Feb. 3, 2011

February 3, 2011
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Indiana Supreme Court
Clifton Mauricio v. State of Indiana
02S03-1009-PC-501
Post conviction. Reverses denial of petition for post-conviction relief and remands for re-sentencing. The Supreme Court cannot say that the trial court would have sentenced Mauricio to 50 years notwithstanding its reference to a statute that was later held to be inapplicable.

Indiana Court of Appeals
The following opinions are from Feb. 2, 2011:
Spencer R. Norvell v. State of Indiana (NFP)
18A02-1006-CR-696
Criminal. Affirms denial of motion for withdrawal of guilty plea.

Shane O. Bright v. State of Indiana (NFP)
58A01-1005-CR-243
Criminal. Affirms sentence following guilty plea to Class C felony possession of methamphetamine with a firearm and Class D felony possession of cocaine.

Tra Hibbard v. State of Indiana (NFP)
28A05-1008-CR-537
Criminal. Affirms 45-year sentence following guilty plea to two counts of Class B felony operating a vehicle with a controlled substance in blood causing death and one count of Class C felony criminal recklessness with a deadly weapon resulting in serious bodily injury.

George G. Casillas v. State of Indiana (NFP)
49A05-1006-CR-370
Criminal. Affirms sentence following convictions of Class D felonies strangulation and domestic battery.

Today’s opinions
Anthonia R. McWhorter v. State of Indiana (NFP)
45A03-1006-CR-334
Criminal. Affirms 12-year sentence following guilty plea to Class B felony dealing in cocaine.

Eric Daniels v. State of Indiana (NFP)
49A02-1005-CR-531
Criminal. Affirms convictions of Class B felony burglary and Class D felony theft.

Michael Linner, et al. v. Wells Fargo Bank, N.A., et al. (NFP)
71A04-1005-MF-391
Mortgage foreclosure. Affirms order denying the Linners' motion to correct error following entry of summary judgment against them in subsequent proceedings relating to a foreclosure action brought by Wells Fargo Bank.

Richard N. Bell v. Nancy D. Bell (NFP)
49A05-1005-DR-315
Domestic relation. Affirms disposition of the marital estate following dissolution of the Bells’ marriage.

Larry M. Gonzalez v. State of Indiana (NFP)
02A03-1005-CR-295
Criminal. Reverses one conviction of child molesting as a Class A felony and affirms the remaining three convictions of child molesting, one as a Class A felony and two as Class C felonies.  

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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