ILNews

Opinions Feb. 7, 2014

February 7, 2014
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7th Circuit Court of Appeals
The following opinion was issued after IL deadline Thursday.

Gary W. Helman v. Bruce Duhaime, et al.
12-3428
Civil. Affirms summary judgment in favor of defendants in a civil rights suit alleging police used excessive force when they shot Gary Helman, ending an armed standoff that began when authorities attempted to serve a warrant for his arrest at his home in Cromwell. Helman’s § 1983 complaint cannot survive summary judgment because he pleaded guilty to a class D felony count of resisting law enforcement in which evidence showed authorities only fired after Helman reached for his firearm.

Today’s opinions
Indiana Court of Appeals

In the Matter of the Adoption of A.A. and L.A., J.B. and S.B. v. R.C. and N.C. (NFP)
48A04-1304-AD-176
Adoption. Affirms trial court order granting maternal grandparents visitation with adopted children.

Cynthia M. Alvey v. State of Indiana (NFP)
07A01-1307-CR-328
Criminal. Affirms conviction of Class C misdemeanor driving while intoxicated.

Steven Percifield v. State of Indiana (NFP)
73A01-1307-CR-329
Criminal. Affirms order to serve 18-month suspended sentence for probation violation after a conviction of Class D felony operating a vehicle while intoxicated.

In Re the Guardianship of Ruth Carter, an Incompetent Adult, Colleen F. Batt v. Marsha K. Moore (NFP)
91A02-1306-GU-538
Guardianship. Affirms establishment of guardianship.

John Joseph Ramsey II v. State of Indiana (NFP)
32A04-1306-CR-275
Criminal. Affirms revocation of probation.

In Re: Adoption of L.A.C. and S.T.A., S.C. and L.A. v. N.C. and K.R. (NFP) 
48A02-1305-AD-462
Adoption. Affirms adoption of minor children without parental consent.

Patsy Moore d/b/a/ Cat Dog Trucking v. Roger Jerrell (NFP)
93A02-1308-EX-693
Agency action. Affirms order awarding worker’s compensation benefits.

 

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  2. 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.

  3. 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.

  4. 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.

  5. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

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