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Opinions July 13, 2012

July 13, 2012
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7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

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


Indiana Court of Appeals
John W. Schoettmer and Karen Schoettmer v. Jolene C. Wright and South Central Community Action Program, Inc.
49A04-1108-CT-406
Civil tort. Affirms summary judgment in favor of Wright and South Central Community Action Program Inc., finding that the plaintiffs did not timely file notice as governed by the Indiana Tort Claims Act.

Robert Hatcher v. State of Indiana (NFP)
49A02-1111-CR-1075
Criminal. Reverses and remands trial court revocation of probation, holding that the court could not conclude that Hatcher knowingly, intelligently and voluntarily waived his right to counsel.
 
Brotherhood Mutual Insurance Company as Subrogee of Plymouth Wesleyan Church v. Michiana Contracting, Inc., McGrath Refrigeration, Inc., John D. McGrath, Joseph A. Dzierla and Assoc., Inc., et al.
50A03-1111-CT-518
Civil tort. Reverses and remands summary judgment for Michiana, et al., holding that damage to a church addition’s gym floor that was destroyed when a sprinkler froze and burst is not subject to terms of a contact’s waiver of subrogation because the church, not the contractors, performed the work.
 
Michael J. Gosnell v. State of Indiana (NFP)
79A02-1110-CR-951
Criminal. Affirms trial court sentence after guilty plea on a charge of conspiracy to commit robbery while armed with a deadly weapon.

Swammi, Inc., f/k/a Swami, Inc. v. Shambaugh, Kast, Beck, Williams, LLP and John S. Bloom (NFP)
02A01-1109-PL-417
Civil plenary. Affirms jury verdict that defendants were not liable for legal malpractice.

Alpha Holder, Jr. v. State of Indiana (NFP)
45A03-1111-CR-516
Criminal. Affirms trial court sentence of nine years executed for convictions of Class C felony fraud on a financial institution and being a habitual offender.

Corey Cole v. State of Indiana
49A02-1111-CR-1019
Criminal. Affirms trial court conviction of Class B felony rape, holding the trial court did not commit reversible error when it sustained the state’s objection to Cole’s attempt to refresh the victim’s memory with the notes from a nurse, and that the trial court did not commit fundamental error when it allowed hearsay statements.
 
Donald Humphrey v. State of Indiana (NFP)
75A04-1111-CR-607
Criminal. Affirms trial court convictions of Class C felony intimidation and Class D felony intimidation.

Devonte Rogers v. State of Indiana (NFP)
49A02-1111-CR-1015
Criminal. Affirms trial court convictions of Class B felony criminal deviate conduct and two counts of Class D felony criminal confinement.
 
Nancy J. Ferguson and Nyla R. Hamilton v. Natalie A. Watkins (NFP)
28A01-1201-PL-7
Civil plenary. Affirms trial court’s denial of motion to set aside a deed in favor of Watkins.

Term. of the Parent-Child Rel. of B.M. and A.M. (Minor Children) and J.R. (Mother) v. The Indiana Dept. of Child Services (NFP)
79A02-1112-JT-1189
Juvenile/termination of parental rights. Affirms termination of parental rights.

 

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  1. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  2. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

  3. The US has 5% of the world's population and 25% of the world's prisoners. Far too many people are sentenced for far too many years in prison. Many of the federal prisoners are sentenced for marijuana violations. Marijuana is safer than alcohol.

  4. My daughter was married less than a week and her new hubbys picture was on tv for drugs and now I havent't seen my granddaughters since st patricks day. when my daughter left her marriage from her childrens Father she lived with me with my grand daughters and that was ok but I called her on the new hubby who is in jail and said didn't want this around my grandkids not unreasonable request and I get shut out for her mistake

  5. From the perspective of a practicing attorney, it sounds like this masters degree in law for non-attorneys will be useless to anyone who gets it. "However, Ted Waggoner, chair of the ISBA’s Legal Education Conclave, sees the potential for the degree program to actually help attorneys do their jobs better. He pointed to his practice at Peterson Waggoner & Perkins LLP in Rochester and how some clients ask their attorneys to do work, such as filling out insurance forms, that they could do themselves. Waggoner believes the individuals with the legal master’s degrees could do the routine, mundane business thus freeing the lawyers to do the substantive legal work." That is simply insulting to suggest that someone with a masters degree would work in a role that is subpar to even an administrative assistant. Even someone with just a certificate or associate's degree in paralegal studies would be overqualified to sit around helping clients fill out forms. Anyone who has a business background that they think would be enhanced by having a legal background will just go to law school, or get an MBA (which typically includes a business law class that gives a generic, broad overview of legal concepts). No business-savvy person would ever seriously consider this ridiculous master of law for non-lawyers degree. It reeks of desperation. The only people I see getting it are the ones who did not get into law school, who see the degree as something to add to their transcript in hopes of getting into a JD program down the road.

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