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Opinions July 16, 2012

July 16, 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
M & M Investment Group, LLC v. Ahlemeyer Farms, Inc. and Monroe Bank
03A04-1112-CC-639
Civil collection. Affirms trial court order denying M&M’s petition for a tax deed for property of which Monroe Bank was the mortgagee, holding that the court properly denied the petition. Finds that the Indiana pre-tax-sale notice statute violates the Due Process Clause of the 14th Amendment.

Kyle L. Doolin v. State of Indiana
32A01-1111-CR-545
Criminal. Affirms trial court conviction of possession of marijuana as a Class A misdemeanor, holding that the trial court did abuse its discretion when it admitted into evidence the results of an in-court field test of a substance alleged to be marijuana, but the error was harmless.

In Re: The Paternity of J.D. and D.D.; B.D. (Father) v. C.H. (Mother) (NFP)
76A04-1111-JP-580
Juvenile/paternity. Reverses and remands, holding that the trial court abused its discretion in excluding from evidence a custody evaluation report to determine parenting time.

James W. Hamilton v. State of Indiana (NFP)
32A05-1110-CR-599
Criminal. Affirms revocation of probation.

Stephen Duane Rush v. State of Indiana (NFP)
48A02-1112-CR-1091
Criminal. Affirms trial court conviction and 149-year aggregate sentence for murder, three counts of Class A felony attempted murder, and Class C felony failure to stop after an accident resulting in injury and death.

Timothy Leon Jester v. State of Indiana (NFP)
02A05-1112-CR-701
Criminal. Reverses conviction of Class C felony operating a vehicle after a lifetime suspension, finding that the state did not prove that Jester had a lifetime suspension at the time of the offense.

Austin Brown v. State of Indiana (NFP)
28A01-1112-CR-611
Criminal. Affirms trial court convictions of two Class C felony counts of sexual misconduct with a minor.
 

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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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