ILNews

Opinions Jan. 13, 2012

January 13, 2012
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The Indiana Supreme Court posted the following opinions Thursday after IL deadline:
In the Matter of Augustus J. Mendenhall
32S00-1005-DI-230
Disciplinary. Permanently disbarrs Mendall, the attorney who attacked State Rep. Ed DeLaney in 2009 and was convicted as guilty but mentally ill on five felonies and sentenced to 40 years imprisonment. Concludes that Mendenhall violated Indiana Professional Conduct Rule 8.4(b) by committing criminal acts, including attempted murder, that reflect adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer.
 
In the Matter of Nancy J. Flatt-Moore
30S00-0911-DI-535
Disciplinary. Issues a public reprimand to a deputy prosecutor that the Supreme Court found surrendered her prosecutorial discretion in plea negotiations entirely to the pecuniary demands of the victim of the crime. The court found she violated Rule 8.4(d) that prohibits attorneys from engaging in conduct prejudicial to the administration of justice.

Friday’s opinions
7th Circuit Court of Appeals
Kevin Harris v. Warrick County Sheriff’s Department
10-3706
U.S. District Court, Southern District of Indiana, Evansville Division, Chief Judge Richard Young.
Civil. Affirms District Court’s entry of summary judgment for the sheriff’s department in a case where a deputy sheriff’s probationary employment was terminated based on violations of standard operating procedures, failure to follow orders and insufficient commitment to the job. Harris’s circumstantial evidence of discrimination falls far short of supporting an inference that he was terminated because of his race.

The Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Utility Center, Inc., d/b/a Aqua Indiana, Inc. v. City of Fort Wayne, Indiana
90A04-1101-PL-15
Civil. Affirms trial court judgment relating to a public utility’s property condemnation that was before the Fort Wayne Board of Public Works. Finds the trial court can and should decline to hold a jury trial and limit its review. Holds that judicial review of administrative determination of just compensation should be limited to the consideration of the agency record and other evidence on abuse of discretion.

In the Matter of the Term. of the Parent-Child Rel. of J.H. & Ja.H.; and M.H. v. The Indiana Dept. of Child Services (NFP)
48A05-1105-JT-225
Juvenile. Affirms trial court’s judgment terminating a mother’s parental rights to her two children.

In Re: The Commitment of A.M. v. Community North Hospital / Gallahue Mental Health Services (NFP)
49A02-1109-MH-887
Mental Health. Affirms that sufficient evidence was presented to support an involuntary commitment and finds the appeal is moot because the commitment expired Dec. 21, 2011.
 

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  1. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  2. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  3. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  4. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  5. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

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