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Opinions Jan. 27, 2012

January 27, 2012
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7th Circuit Court of Appeals had issued no Indiana opinions at IL deadline.

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

Indiana Court of Appeals

Robert Holland, A Concerned Citizen for the Redevelopment of Gary v. Richard Steele, Barbara Steele, First Midwest Bank, As Successor Trustee By Way of Merger to Bank Calumet, N.A., et al.
45A03-1102-PL-84
Civil plenary. Affirms the trial court’s determination that Holland was not entitled to summary judgment on his quiet title claim, and grant of summary judgment to the bank on its trespass and slander of title claims. The trial court properly found that Holland had filed a frivolous lawsuit and awarded appropriate attorney fees. On cross-appeal, the appellate court denied the bank’s request for appellate attorney fees.

Bradley Bradford v. State of Indiana
59A01-1104-CR-215
Criminal. Reverses conviction of Class C felony child molesting, holding that admission of caseworker testimony was a violation of Indiana Evidence Rule 704(b) and likely had a prejudicial impact on the jury. Remands for retrial.

City of Indianapolis v. Rhodora Earl
49A02-1102-PL-89
Civil plenary. Affirms trial court’s denial of the city’s motion for summary judgment, rejecting the city’s argument that a police officer was protected by the law enforcement provision of the Indiana Tort Claims Act when a suspect he was pursuing in a high-speed chase crashed into a woman’s car and seriously injured her. Holds that a police officer must recognize when a pursuit becomes too dangerous to continue.

In the Matter of L.L., (CHINS), K.R. S. (Mother) v. Indiana Dept. of Child Services (NFP)

52A05-1107-JC-382
Juvenile. Affirms trial court’s determination that L.L. was a child in need of services.

Justin L. Hargrove v. State of Indiana (NFP)
67A01-1103-CR-112
Criminal. Affirms conviction for Class A felony attempted murder.

Indianapolis Education Association and President Elden Wolting v. Indianapolis Public Schools (NFP)
49A02-1101-PL-27
Civil plenary. Dismisses appeal as moot, holding no effective relief could be rendered through appeal.

In the Matter of the Term. of the Parent-Child Rel. of J.S. and A.S.; R.S. and Ja.S. v. Indiana Dept. of Child Services (NFP)
33A01-1106-JT-246
Juvenile. Affirms termination of parental rights for mother and father.

Brett Zagorac v. State of Indiana (NFP)
64A03-1011-CR-589
Criminal. On petition for rehearing, reaffirms initial opinion that any possible error in admission of evidence was harmless.

 

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  1. IF the Right to Vote is indeed a Right, then it is a RIGHT. That is the same for ALL eligible and properly registered voters. And this is, being able to cast one's vote - until the minute before the polls close in one's assigned precinct. NOT days before by absentee ballot, and NOT 9 miles from one's house (where it might be a burden to get to in time). I personally wait until the last minute to get in line. Because you never know what happens. THAT is my right, and that is Mr. Valenti's. If it is truly so horrible to let him on school grounds (exactly how many children are harmed by those required to register, on school grounds, on election day - seriously!), then move the polling place to a different location. For ALL voters in that precinct. Problem solved.

  2. "associates are becoming more mercenary. The path to partnership has become longer and more difficult so they are chasing short-term gains like high compensation." GOOD FOR THEM! HELL THERE OUGHT TO BE A UNION!

  3. Let's be honest. A glut of lawyers out there, because law schools have overproduced them. Law schools dont care, and big law loves it. So the firms can afford to underpay them. Typical capitalist situation. Wages have grown slowly for entry level lawyers the past 25 years it seems. Just like the rest of our economy. Might as well become a welder. Oh and the big money is mostly reserved for those who can log huge hours and will cut corners to get things handled. More capitalist joy. So the answer coming from the experts is to "capitalize" more competition from nonlawyers, and robots. ie "expert systems." One even hears talk of "offshoring" some legal work. thus undercutting the workers even more. And they wonder why people have been pulling for Bernie and Trump. Hello fools, it's not just the "working class" it's the overly educated suffering too.

  4. And with a whimpering hissy fit the charade came to an end ... http://baltimore.cbslocal.com/2016/07/27/all-charges-dropped-against-all-remaining-officers-in-freddie-gray-case/ WHISTLEBLOWERS are needed more than ever in a time such as this ... when politics trump justice and emotions trump reason. Blue Lives Matter.

  5. "pedigree"? I never knew that in order to become a successful or, for that matter, a talented attorney, one needs to have come from good stock. What should raise eyebrows even more than the starting associates' pay at this firm (and ones like it) is the belief systems they subscribe to re who is and isn't "fit" to practice law with them. Incredible the arrogance that exists throughout the practice of law in this country, especially at firms like this one.

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