ILNews

Opinions June 15, 2010

June 15, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Jeffrey D. Boggs v. State of Indiana
40A01-0907-CR-346
Criminal. Affirms convictions of and 40-year sentence for Class B felony attempted dealing in methamphetamine, two counts of Class C felony possession of a precursor while in possession of a firearm, Class D felony possession of methamphetamine, Class A misdemeanor possession of marijuana, and finding that Boggs is a habitual offender. The police officer had a legitimate reason for being on Boggs’ property and didn’t move anything to observe the gas tank inside of Boggs’ car. The state presented sufficient evidence to prove the identity of the substances found and to support the habitual offender finding. Remands for the trial court to correct the sentencing order.

Paul Morris v. State of Indiana (NFP)
42A04-0912-CR-724
Criminal. Affirm convictions of Class C felony burglary and Class A misdemeanor resisting law enforcement.

David Eugene Ball v. State of Indiana (NFP)
48A02-0909-CR-940
Criminal. Affirms termination of work release.

Lonnie Ray Stone v. State of Indiana (NFP)
79A02-1001-CR-91
Criminal. Affirms Class C misdemeanor conviction of operating a vehicle with a blood alcohol content of at least 0.08 but less than 0.015.

Percy L. Lipscomb, Jr. v. State of Indiana (NFP)

29A05-1002-CR-54
Criminal. Affirms sentence following guilty plea to Class C felony forgery.

Roderick M. Walsh v. State of Indiana (NFP)
57A03-0911-CR-506
Criminal. Affirms conviction of Class A misdemeanor driving while intoxicated.

Andres Sanchez v. State of Indiana (NFP)
20A04-0912-CR-720
Criminal. Affirms convictions of and sentence for three counts of Class A felony child molesting.

Michael Landon Deneal v. State of Indiana (NFP)
45A03-0912-CR-569
Criminal. Affirms sentence following guilty plea to Class C felony burglary.

Kelly Swegman v. State of Indiana (NFP)
49A04-0912-PC-738
Post conviction. Affirms denial of petition for post-conviction relief.

Brandon Puckett v. State of Indiana (NFP)

49A02-0911-CR-1110
Criminal. Affirms denial of motion to withdraw guilty plea.

Indiana Tax Court had 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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