ILNews

Opinions July 22, 2010

July 22, 2010
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Indiana Supreme Court posted no opinions before IL deadline.

Indiana Court of Appeals
Daniel A. Donald v. State of Indiana
23A04-0912-CR-685
Criminal. Reverses and remands trial court’s denial of Donald’s request for a competency evaluation prior to his probation revocation hearing. Donald contended he was entitled to a competency evaluation pursuant to Indiana statute and the Due Process Clause of the United States Constitution. The Court of Appeals disagreed with Donald’s statutory argument, but agreed the Due Process Clause may warrant a competency evaluation prior to a probation revocation hearing.

J. John Marshall and Marjorie Marshall v. Erie Insurance Exchange a/s/o Cindy Cain
20A03-0908-CV-366
Civil. Granted a petition for rehearing and again affirmed the trial court opinion the Marshalls had a duty to exercise reasonable care to prevent an unreasonable risk of harm to neighboring landowners arising from the condition of trees on their property and further held they had breached that duty.

Trevor Brieger v. State of Indiana (NFP)
49A02-0907-CR-617
Criminal. Affirms convictions of rape and criminal deviate conduct as Class B felonies.

Termination of Parent-Child Relationship of S.H.; A.W. v. Indiana Dept. of Child Services (NFP)
76A05-1001-JT-42
Juvenile. Affirms termination of parental rights.

Bruce Gunstra v. Salin Bank and Trust Company (NFP)
49A02-0912-CV-1274
Civil. Affirms trial court’s order granting the motion of Salin Bank and Trust Company for pre-judgment garnishment of any distributions to Gunstra by two limited liability companies of which he is a member.

Anthony Phillips v. State of Indiana (NFP)
48A02-0912-CR-1269
Criminal. Affirms trial court’s revocation of probation.

Indiana Tax Court
Indiana Dept. of State Revenue, Inheritance Tax Division v. Estate of Katherine S. Boehle, Deceased
49T10-0811-TA-62
Tax. Affirms Marion Probate Court’s denial of the Indiana Department of State Revenue, Inheritance Tax Division’s motion to correct error. The issue for review was whether the probate court erred in determining the estate’s inheritance tax liability regarding a trust that the decedent set up to provide for her son who has Down Syndrome and resides in an assisted-living facility.
 

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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