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Opinions July 27, 201

July 27, 2012
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7th Circuit Court of Appeals
Leonard Lapsley, et al. v. Xtek Inc.
11-3313
U.S. District Court, Northern District of Indiana, Hammond Division. Judge Joseph S. Van Bokkelen.
Civil. Affirms denial of Xtek’s Daubert motion that sought to bar Dr. Gary Hutter from offering his expert opinions, which were essential to Lapsley’s case that a design defect in Xtek’s equipment was the cause of his accident. In this case, the District Court’s stated analysis of the proposed testimony was brief, but it was also directly to the point and was sufficient to trigger deferential review on appeal. The District Court did not misapply Daubert.

The Indiana Supreme Court posted the following decisions Thursday after IL deadline
Indiana Dept. of Revenue v. Miller Brewing Co.

49S10-1203-TA-136
Tax appeal. Reverses Tax Court ruling that Miller owes no tax on certain sales to Indiana consumers, holding that the Tax Court clearly erred in determining that an example of the application of an administrative rule had the force of law.

Douglas Cottingham v. State of Indiana
06S01-1112-CR-703
Criminal. Finds the statutory amendment to Indiana Code 35-38-2.6-6 regarding good time credit for home detention retroactively does not apply to Cottingham. By using “is placed” in the statute, the Legislature intended for the amendment to apply only to people who are placed on home detention on or after the amendment’s effective date.

Robert Smith v. State of Indiana
49S02-1109-CR-529
Criminal. Affirms revocation of probation and placement in a community-corrections program and order Smith serve time in the Department of Correction. Rejects Smith’s argument that his due process right to confrontation in revocation hearings requires confrontation as defined in Crawford. Affirms finding that the state’s Exhibit 1 was substantially trustworthy, so his due process right to confrontation was not violated by its admission.

Indiana Court of Appeals
John Cherry v. State of Indiana
55A01-1112-CR-585
Criminal. Affirms trial court convictions and sentences for Class B felony aiding, inducing or causing dealing in heroin and Class D felony unlawful possession of a syringe, finding the trial court did not abuse its discretion.

Dale Brenon v. The 1st Advantage Corp, d/b/a Omega Insurance Services
93A02-1202-EX-108
Executive administrative/workers’ compensation. Reverses and remands to the Worker’s Compensation Board of Indiana dismissal of Brenon’s application for adjustment of claim. The court held that the decision is not sustainable under the doctrine of collateral estoppel, Wisconsin laws or Supreme Court precedent, and that the board’s decision gave no effect to the reservation of rights clauses contained in settlement agreements.

Phillip L. White v. State of Indiana
18A05-1201-PC-1
Criminal/post-conviction relief. Affirms trial court’s denial of post-conviction relief, holding that White cannot demonstrate that his appellate counsel’s performance was deficient.

Kathleen K. Peterink v. State of Indiana
57A03-1112-CR-586
Criminal. Reverses and remands, finding that the trial court’s sentence exceeded the statutory maximum for a Class A misdemeanor.

Andre Graham v. State of Indiana
10A01-1108-CR-440
Criminal. Affirms convictions of Class A felony dealing in cocaine, Class A felony possession of cocaine, Class B felony dealing in a schedule III controlled substance, and Class D felony possession of a controlled substance, holding that Graham’s constitutional rights were not violated during the traffic stop that resulted in his arrest.

Ronald Davis v. State of Indiana
49A05-1109-CR-459
Criminal. Affirms 245-year aggregate sentence resulting from a guilty plea to four counts of murder, one count of Class B felony conspiracy to commit robbery and one count of Class B felony unlawful possession of a firearm, ruling that the sentence was not inappropriate in light of Davis’s character and the nature of the crime.   

Damon Tyree Johnson v. State of Indiana (NFP)
29A02-1111-CR-1020
Criminal. Affirms conviction of Class B felony robbery.

The Carl Kaetzel Trust U/T/D December 10, 1977, The Roberta Kaetzel Trust U/T/D December 10, 1977 and Carl Kaetzel, Roberta Kaetzel, et al v. Jon Marc Kaetzel and Beverly Kaetzel (NFP)
74A01-1201-PL-36
Civil plenary/rescission of deed and constructive fraud. Affirms trial court determination that the plaintiffs were not entitled to the remedy of rescission and that judgment was properly entered for Jon and Beverly Kaetzel.

In Re the Term. of the Parent-Child Rel. of S.S.; D.S. v. Department of Child Services (NFP)
02A03-1112-JT-592
Juvenile/termination of parental rights. Affirms termination of parental rights.

Joshua A. Willey-Rumback v. State of Indiana (NFP)
48A05-1111-CR-638
Criminal. Affirms conviction of Class B felony robbery and revocation of probation.

Chad A. Jeffries v. State of Indiana (NFP)
73A04-1110-PC-574
Criminal. Affirms conviction of dealing in methamphetamine.

Craig Watts v. Betty (Watts) Lankford (NFP)
42A01-1111-DR-523
Domestic relations/child support. Affirms trial court order for father to pay child support arrearage and mother’s attorney fees.

Anthony Ramirez v. State of Indiana (NFP)
41A04-1109-CR-475
Criminal. Affirms conviction of battery with a deadly weapon and residential entry.
 
Michael S. Dornbusch v. State of Indiana (NFP)
87A01-1112-CR-604
Criminal. Affirms convictions of four counts of Class B felony burglary and a count of Class D felony attempted residential entry.
 
Tarrance Battle v. State of Indiana (NFP)
49A02-1110-CR-946
Criminal. Affirms sentence for Class A felony possession of cocaine.
 
The Indiana Tax Court posted no opinions prior to IL deadline
 
 

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  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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