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Opinions July 23, 2012

July 23, 2012
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7th Circuit Court of Appeals
Mark McCleskey, trustee, et al. v. DLF Construction Inc., an Indiana corporation
11-1826
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms finding that the construction company, as employer, had to contribute to the funds for all hours worked by members of the union, not just bargaining unit work. The collective bargaining agreements are clear that DLF is required to make contributions to the pension and health and welfare funds for each hour worked by a covered employee.

Indiana Supreme Court
Robert L. Clark, Jr. and Debra Clark v. Robert L. Clark, Sr.
01S02-1112-CT-690
Civil tort. Reverses judgment in favor of Clark Sr. in Clark Jr.’s suit after his father hit him with his car while trying to give his father directions. Holds that for purposes of the Indiana Gust Statute as to injuries inflicted when a passenger has exited the vehicle and is standing outside of it and directing the driver’s attempt to park, that passenger is not “in or upon” the vehicle and thus is not precluded from brining a negligence action against the driver. Remands for further proceedings. Justices Sullivan and Massa dissent.

Indiana Court of Appeals
Michael Sims v. State of Indiana (NFP)
20A03-1203-CR-127
Criminal. Affirms denial of motion to correct erroneous sentence.

Edwin D. Calligan v. State of Indiana (NFP)
02A03-1108-CR-400
Criminal. Grants rehearing and affirms original decision to deny motion to correct erroneous sentence.

Savane Williams v. State of Indiana (NFP)
20A04-1106-CR-428
Criminal. Affirms convictions and sentence for two counts of Class A felony dealing in cocaine, but finds the trial court erred in the manner in which it imposed the habitual offender enhancement. Remands for further proceedings.

Rosalio Pedraza v. State of Indiana (NFP)
49A02-1111-PC-1076
Post conviction. Affirms denial of petition for post-conviction relief.

Robert Grubbs v. State of Indiana (NFP)
53A01-1109-PC-606
Post conviction. Affirms denial of motion for reconsideration and motion to correct error.

Indiana Tax Court posted no opinions at IL deadline.

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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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