ILNews

Opinions Jan. 11, 2011

January 11, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
John G. Cooper v. State of Indiana
32A05-1005-CR-309
Criminal. Affirms five-year enhancement imposed under the Firearm Enhancement Statute following the jury’s determination Cooper knowingly or intentionally used a firearm in the commission of reckless homicide, a Class C felony. Double jeopardy principles aren’t implicated in this case. Also affirms aggregate 13-year sentence.

Connie Ellis, et al. v. City of Martinsville, et al.
55A01-1003-CT-141
Civil tort. Affirms grant of motions for summary judgment in favor of the City of Martinsville, Martinsville Fire Department, and Terry Hart, assistant fire chief.  There are no issues of genuine fact regarding alleged willful and wanton misconduct and Hart’s actions were within the scope of his employment.

James Eugene Roberts v. State of Indiana (NFP)
79A05-1006-CR-389
Criminal. Affirms sentence following guilty plea to Class A felony dealing in cocaine.

In the matter of the estate of Raymond L. Domelle; Gloria J. Domelle v. Charles and Maria Barman (NFP)
45A03-1004-ES-173
Estate, supervised. Reverses $68,500 judgment following a jury verdict in favor of the Barmans. Remands to direct the probate court to enter judgment in favor of the estate.

Marvin M. Willis v. State of Indiana (NFP)
82A05-1006-CR-409
Criminal. Affirms conviction of operating a vehicle while intoxicated as a Class D felony and dismisses Willis’ appeal as it relates to the challenge of the enhancement of the conviction from a Class C misdemeanor to the Class D felony.

Joseph Fields v. State of Indiana (NFP)
49A05-1003-CR-165
Criminal. Affirms conviction of felony murder.

Donald J. Woolsey v. State of Indiana (NFP)
87A01-1006-CR-326
Criminal. Affirms convictions of two counts of Class D felony perjury.

Anthony M. Jessie v. State of Indiana (NFP)
49A05-1006-CR-329
Criminal. Affirms convictions of Class B misdemeanors battery and disorderly conduct, and Class A misdemeanor resisting law enforcement.

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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