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Opinions June 14, 2013

June 14, 2013
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7th Circuit Court of Appeals
Jason Findlay v. Jonathan Lendermon
12-3881
Civil/excessive use of force. Reverses District Court denial of summary judgment in favor of Deputy Sheriff Jonathan Lendermon, holding that Findlay has not met a burden of proof showing a violation of a clearly established right when Lendermon grabbed his arm to prevent him from picking up a memory card believed to contain surveillance video of Findlay’s admission of trespassing.

Indiana Supreme Court
Robert Bowen v. State of Indiana
08S02-1306-CR-423
Criminal. Affirms Court of Appeals ruling affirming Bowen’s convictions of and 14-year sentence for Class B felony unlawful possession of a firearm by a serious violent felon, Class C felony dealing in a schedule IV controlled substance, Class D felony possession of a controlled substance and Class A misdemeanor possession of marijuana. The justices remanded, though, with instructions for the trial court to issue an amended sentencing order that included a reasonably detailed recitation of the trial court’s reasons for imposing a consecutive sentence on a single charge.

Indiana Court of Appeals
Serafin Sanchez v. State of Indiana (NFP)
49A04-1206-CR-318
Criminal. Affirms in a divided opinion the jury convictions of two counts of murder over Sanchez’s insanity defense. Chief Judge Margret Robb dissented, arguing that a jury instruction erroneously raised the burden of proof for the insanity defense from a preponderance of the evidence to beyond a reasonable doubt.

Reggie T. Johnson v. State of Indiana (NFP)
18A04-1211-CR-569
Criminal. Affirms convictions of Class C felony possession of a controlled substance and Class A misdemeanor possession of marijuana.  

Jimmy D. Jones v. State of Indiana (NFP)

49A04-1204-PC-196
Post conviction. Affirms denial of post-conviction relief from convictions of Class A felony attempted murder and carrying a handgun without a license.

Nathan Warren v. State of Indiana (NFP)

03A05-1201-CR-31
Criminal. Affirms convictions of Class C felony stalking, Class D felony stalking, and Class D felony attempted inducement of obstruction of justice. Remands for the trial court to calculate Warren’s credit for time served prior to sentencing.

Larry Robert David, II, as Special Administrator of the Estate of Lisa Marie David, Deceased v. William Kleckner, M.D. (NFP)
49A02-1301-MI-13
Miscellaneous/estate. Affirms grant of summary judgment in favor of William Kleckner, M.D.

Indiana Tax Court issued no opinions by IL deadline Friday.
 

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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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