ILNews

Opinions July 18, 2014

July 18, 2014
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The following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday:
United States of America v. Garrett Davarrass Smith
12-3350
U.S. District Court, Northern District of Indiana, Hammond Division. Judge Joseph S. Van Bokkelen.
Criminal. Dismisses Smith’s appeal of his sentence of 168 months in prison after pleading guilty to possessing with the intent to distribute 500 grams or more of cocaine. Smith expressly waived his right to appeal the sentence in his written plea agreement.

Friday’s opinions

Indiana Court of Appeals
In re: The Visitation of A.W., J.W. v. State of Indiana (NFP)
71A03-1401-MI-3
Miscellaneous. Dismisses denial of mother’s motion to correct error.

In re the Marriage of: Monica S. Yoldash n/k/a Monica S. Orta v. Ibrahim E. Yoldash (NFP)
45A03-1308-DR-324
Domestic relation. Affirms dissolution of the marriage.

John Zapata d/b/a Zapata Collection Services, An Individual and as Assignee v. Ball State University, Facilities Management and Planning (NFP)
18A04-1310-CC-534
Civil collection. Affirms grant of Ball State’s motion to dismiss Zapata’s complaint for damages arising from a breach of contract.

John V. Guthrie v. State of Indiana (NFP)
45A05-1311-PC-551
Post conviction. Affirms denial of petition for post-conviction relief.

Indiana Commissioner of Insurance Stephen W. Robertson, on behalf of Indiana Patient's Compensation Fund v. Kimi Clark, Personal Representative of the Estate of William Troy Clark, Deceased (NFP)

49A04-1401-CT-7
Civil tort. Affirms award of damages for lost earnings to the estate following remand.

Emmanuel Winters v. State of Indiana (NFP)
79A02-1312-CR-1050
Criminal. Affirms 20-year sentence imposed following guilty plea to Class B felony robbery and Winters’ admission that he is a habitual offender.

Lloyd Hedstrom v. State of Indiana (NFP)
46A05-1401-CR-12
Criminal. Affirms 80-year aggregate sentence but reverses classification as a credit-restricted felon and remands with instructions.

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

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  3. 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.

  4. 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.

  5. 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.

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