ILNews

Opinions July 27, 2011

July 27, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
James W. Miller v. State of Indiana
64A03-1008-CR-543
Criminal. Affirms convictions of two counts of Class A misdemeanor neglect of a vertebrate animal. The evidence is sufficient to show that Miller recklessly endangered the horses’ health by failing to provide them adequate food so as to neglect them. The trial court’s failure to appoint the state veterinarian doesn’t require the reversal of Miller’s convictions.

Alan D. Wilson v. Sisters of St. Francis Health Services
34A02-1101-CC-57
Civil collections. Affirms summary judgment to Sisters of St. Francis Health Services regarding an alleged attorney lien. Wilson does not have a valid equitable attorney fee lien on the payment made by his client’s health insurer to St. Francis. Wilson presented no evidence that a measurable benefit has been conferred on St. Francis under such circumstances that St. Francis’ retention of the insurance payment without payment of attorney fees to Wilson would be unjust.

Tomika Johnson, et al. v. David Sullivan, M.D., et al.
82A05-1102-MI-108
Miscellaneous. Reverses summary judgment for Dr. Sullivan. There is a genuine issue of material fact regarding whether Johnson timely filed her proposed medical malpractice complaint. Holds that evidence of mailing on a particular date, even if it contradicts a postmark, is competent to prove filing on that date for purposes of the Medical Malpractice Act. Affirms summary judgment for Sullivan on Johnson’s claims that Sullivan provided health care to the victim after Dec. 22, 2006, that the continuing wrong doctrine applies, or that the doctrine of fraudulent concealment applies. Remands for further proceedings.

Christopher Brightman v. State of Indiana (NFP)
22A01-1011-CR-603
Criminal. Affirms convictions of Class D felonies receiving stolen property and theft.

Rudolfo G. Rodriguez, Jr. v. Lakeview Title, LLC (NFP)
76A03-1101-PL-36
Civil plenary. Affirms summary judgment for Lakeview Title and denial of Rodriguez’s motion for summary judgment in his suit for negligence and unjust enrichment.

Derek A. Bishop v. State of Indiana (NFP)
06A01-1012-CR-683
Criminal. Affirms convictions of two counts of Class D felony battery.

J.H. v. B.H. (NFP)
02A04-1010-DR-729
Domestic relation. Affirms order modifying custody in response to father J.H.’s relocation to Ohio.

Matthew William Huttle v. State of Indiana (NFP)
45A03-1012-CR-634
Criminal. Affirms sentence for Class D felony battery.

Indiana Tax Court had posted no opinions at 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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