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Opinions Jan. 24, 2012

January 24, 2012
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court
Antoine Hill v. State of Indiana
45S03-1105-PC-283
Post conviction. Holds that the appropriate standard for judging the performance of Post-Conviction Rule 2 counsel is the standard set forth in Baum v. State. Further holds that Post-Conviction Rule 2 counsel in this case did not violate Baum because she represented the defendant in a procedurally fair setting which resulted in a judgment of the court. Justice Sullivan concurs with separate opinion; Justice Rucker dissents.

Indiana Court of Appeals
Jessica Bowling v. State of Indiana
35A04-1107-CR-407
Criminal. Affirms denial of Bowling’s petition for permission to file a belated notice of appeal pursuant to Indiana Post-Conviction Rule 2. The agreement Bowling signed to waive her right to appeal the sentence is valid.

Violet M. Lockett v. Peggy Hoskins a/k/a Peggy J. Smith
49A02-1106-CT-552
Civil tort. Reverses award of attorney fees to Hoskins. Lockett’s claim for negligence was not unreasonable and she made a good faith and rational argument on the merits of the action. Declines Hoskins’ request for appellate attorney fees.

James R. Johnson v. State of Indiana
44A04-1105-PC-264
Post conviction. Reverses denial of petition for post-conviction relief. The trial court erred in accepting Johnson’s guilty plea to Class A felony child molesting because the record shows he pleaded guilty to it at the same time he maintained his innocence. Remands for further proceedings.

Jeremiah Brown v. State of Indiana (NFP)
18A04-1105-PC-309
Post conviction. Affirms denial of petition for post-conviction relief.

Cordell G. Gage v. State of Indiana (NFP)
02A03-1103-CR-110
Criminal. Affirms conviction of Class C felony burglary and determination that Gage is a habitual offender.

In the Matter of the Term. of the Parent-Child Rel. of: J.W. & C.W. and M.W. v. Indiana Dept. of Child Services (NFP)
71A05-1105-JT-278
Juvenile. Affirms involuntary termination of parental rights.

Terry York v. State of Indiana (NFP)
49A04-1105-CR-247
Criminal. Reverses York’s Class A felony attempted robbery conviction and remands with instructions to enter judgment of conviction of Class B felony attempted robbery and resentence York accordingly.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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