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Opinions Jan. 22, 2014

January 22, 2014
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Indiana Court of Appeals
Antoine Duff v. State of Indiana (NFP)
49A02-1306-CR-503
Criminal. Affirms 16-year sentence, with 10 years executed and six years suspended, for Class B felony battery.

Anthony Barnett v. State of Indiana (NFP)
22A01-1302-PC-84
Post conviction. Affirms denial of petition for post-conviction relief.

Zachary Buza v. State of Indiana (NFP)
61A05-1304-CR-149
Criminal. Affirms convictions of Class A felony attempted murder, Class B felony attempted aggravated battery, two counts of Class C felony criminal recklessness and Class A misdemeanor battery resulting in bodily injury.

Michael E. Mattingly v. Review Board of the Indiana Department of Workforce Development, and Meijer Stores Limited Partnership (NFP)
93A02-1304-EX-383
Agency action. Affirms denial of unemployment benefits.

Bruce Jones v. State of Indiana (NFP)
49A02-1304-CR-363
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.

In the Matter of the Termination of the Parent-Child Relationship of B.B. and B.B. (Minor Children), A.S. (Mother) v. The Indiana Department of Child Services (NFP)
49A02-1305-JT-431
Juvenile. Affirms denial of mother’s motion for relief from judgment following termination of parental rights.

Michael T. Smith v. State of Indiana (NFP)
49A04-1304-CR-172
Criminal. Affirms conviction of Class C felony child molesting.

Challie A. Gray v. State of Indiana (NFP)
49A02-1306-CR-534  
Criminal. Affirms murder conviction.

Antonio D. Johnson v. State of Indiana (NFP)
48A04-1305-CR-241
Criminal. Affirms revocation of probation.

Kevin Joseph Cherrone v. State of Indiana (NFP)
71A03-1305-CR-187
Criminal. Affirms conviction of Class A misdemeanor domestic battery.

Tabitha Edwards v. State of Indiana (NFP)
29A02-1305-CR-444
Criminal. Affirms convictions of Class A misdemeanor operating a vehicle while intoxicated endangering a person and Class D felony operating a vehicle while intoxicated with a prior within five years.

Justin Kyle Loy v. State of Indiana (NFP)
48A04-1303-CR-148
Criminal. Affirms order revoking probation.

J.F. v. State of Indiana (NFP)
49A04-1305-JV-247
Juvenile. Affirms adjudication as a delinquent child for committing what would be Class D felony theft if committed by an adult.

Reginald Binion v. State of Indiana (NFP)
45A05-1304-CR-177
Criminal. Affirms 15-year sentence following guilty plea to Class B felony attempted armed robbery.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. 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.

  2. 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.

  3. 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.

  4. 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!

  5. "No one is safe when the Legislature is in session."

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