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Opinions Feb. 3, 2012

February 3, 2012
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The following Indiana Supreme Court opinion was posted after IL deadline Thursday:

Michael B. Adams v. State of Indiana
29S02-1109-CR-542
Criminal. Affirms suspension of Adams’ driver’s license, registration and the ability to register other vehicles following his conviction of possession of marijuana. The state must demonstrate that a defendant made more than an incidental use of a motor vehicle in committing his offense, but once the state makes this showing, then a trial court must order the defendant’s driver’s license, registration and ability to register other vehicles suspended. The court may exercise its discretion only in setting the length of that suspension.

Friday’s opinions

7th Circuit Court of Appeals

Larry Davis v. Kris Ockomon, et al.
10-2589
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms finding that the position of senior humane officer for the city of Anderson was a policymaking position and therefore Davis could be dismissed for political reasons. City ordinances authorized the senior humane officer to exercise policymaking discretion.

United States of America v. Gregory G. Eller
10-2465
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Criminal. Affirms conviction of possession of a firearm in furtherance of a drug-trafficking crime. Rejects Eller’s 18 U.S.C. Section 924(c) void-for-vagueness claim and states there was sufficient evidence to support the conviction.

Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Elmer J. Bailey v. State of Indiana (NFP)
49A02-1106-CR-487
Criminal. Reverses conviction of Class D felony domestic battery and remands with instructions to enter judgment of conviction for Class B misdemeanor battery and for resentencing.

John D. Jenkins Revocable Living Trust, John D. Jenkins, Trustee v. Peru Utility Service Board, City of Peru and Peru Common Council (NFP)
52A02-1106-PL-540
Civil plenary. Affirms trial court finding that no taking occurred by Peru Utilities, the city of Peru and Peru Common Council and decision to not enter a declaratory judgment order as to the rights and obligations of the trust and the defendants with regard to payment of fees.

Roslyn Adkins v. State of Indiana (NFP)
49A02-1107-CR-626
Criminal. Affirms convictions of and sentence for Class C felony battery, enhanced for the use of a deadly weapon.

Jerry Williams v. State of Indiana (NFP)
33A01-1105-CR-209
Criminal. Affirms denial of motion for a new trial.
 

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  2. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  3. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  4. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

  5. Once again Indiana has not only shown what little respect it has for animals, but how little respect it has for the welfare of the citizens of the state. Dumping manure in a pond will most certainly pollute the environment and ground water. Who thought of this spiffy plan? No doubt the livestock industry. So all the citizens of Indiana have to suffer pollution for the gain of a few livestock producers who are only concerned about their own profits at the expense of everyone else who lives in this State. Shame on the Environmental Rules Board!

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