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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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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