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Opinions Feb. 7, 2011

February 7, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Ricky E. Graham v. State of Indiana
22A01-1008-PC-392
Post conviction. Affirms post-conviction relief court properly rejected Graham’s claims of an inadequate factual basis or ineffective assistance of appellate counsel, and claims of fundamental error. The PCR court’s findings don’t support its rejection of his claim that his plea was illusory or involuntary. Remands for a new PCR hearing to address that issue and the question of the effectiveness of his trial counsel on the grounds raised in his PCR petition, should he resubmit his subpoena request for his trial counsel to appear at the new hearing.

C.H., M.H. and J.S. v. J.D.
29A05-1004-DR-204
Domestic relation. Reverses grant of J.D.’s visitation petition regarding his biological child A.H., who has been adopted. Indiana Code Section 31-19-16-2 is the exclusive means for asserting visitation rights and J.D. did not follow the procedures listed therein. Remands with instructions to vacate the grant of visitation. Judge Crone concurs in result.

Jerry Ehman v. Mary Ehman
48A02-1006-DR-691
Domestic relation. Reverses $31,322 award to Mary, the full amount set forth in the original divorce decree involving her share of Jerry’s retirement account. After the decree was issued, the account declined dramatically due to a drop in the value of General Motors stock. Mary was in the best position to avoid the loss and her failure to submit the Qualified Domestic Relations Order and seek assistance from the trial court in a timely fashion contributed to the dramatic decline in the value of the personal savings plan. Remands with instructions.

Dustan Slade v. State of Indiana
38A02-1007-CR-875
Criminal. Affirms 20-year executed sentence following guilty plea to Class A felony dealing in cocaine. Judicial estoppel does not apply here, and the trial court did not erroneously conclude that his sentence was non-suspendible below 20 years when the state dismissed its firearm sentence enhancement allegation pursuant to the written plea agreement. The trial court concluded it was required to execute at least 20 years of his 30-year sentence because the judge found Slade possessed a firearm during the commission of the crime based on the pre-sentence investigation report.

Arthur Davis v. State of Indiana (NFP)
49A02-1006-CR-742
Criminal. Affirms two convictions of Class B felony robbery.

Tracy J. Talley v. State of Indiana (NFP)
49A02-1006-CR-641
Criminal. Affirms conviction of Class A misdemeanor trespass.

Matter of the Civil Commitment of J.G. v. Community Hospital North/Gallahue Mental Health Services (NFP)
49A02-1008-MH-835
Mental health. Affirms order involuntarily committing J.G. to the custody of Community North Hospital/Gallahue Mental Health Services for 90 days.

Dale G. Catron v. State of Indiana (NFP)
24A05-1007-CR-535
Criminal. Affirms revocation of probation after Catron stopped paying restitution.

Carl Andre Coleman v. State of Indiana (NFP)
20A05-1008-CR-553
Criminal. Affirms convictions of and sentence for Class B felony burglary and Class D felony criminal confinement.

Term. of Parent-Child Rel. of Z.S. and A.P.; T.S. v. Knox County DCS (NFP)
42A01-1006-JT-312
Juvenile. Affirms termination of parental rights.

Lewis C. Woodward v. State of Indiana (NFP)
10A01-1008-CR-396
Criminal. Dismisses appeal of motion to dismiss charges of Class D felony sexual battery, Class D felony residential entry, and Class B misdemeanor public intoxication.

S.S. v. State of Indiana (NFP)
49A02-1004-JV-493
Juvenile. Affirms order committing S.S. to the Indiana Department of Correction.

Lawrence Lusk v. State of Indiana (NFP)
71A03-1007-CR-433
Criminal. Affirms conviction of Class C felony carrying a handgun without a license with a prior conviction.

Darrick Williams v. State of Indiana (NFP)
49A02-1008-CR-856
Criminal. Affirms aggregate 40-year sentence following convictions of Class A felony burglary and Class A felony robbery.

Paul Rogers v. State of Indiana (NFP)
49A02-1005-CR-585
Criminal. Reverses conviction of Class B felony burglary and remands for a new trial.

D.K. v. Review Board (NFP)
93A02-1006-EX-639
Civil. Affirms denial of request for unemployment benefits.

James Roberson v. State of Indiana (NFP)
22A04-1001-CR-100
Criminal. Affirms denial of motion to withdraw guilty plea and sentence for Class A felony robbery resulting in serious bodily injury.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  2. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  3. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  4. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  5. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

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