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. 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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