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Opinions June 16, 2010

June 16, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals

M.T. v. State of Indiana
49A04-0908-JV-484
Juvenile. Reverses modification of probation and commitment to the Department of Correction. The state presented no evidence of the probation violations it alleged and the state violated M.T.’s due process rights.

Jason G. Ertel v. State of Indiana
29A02-0908-CR-824
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle while intoxicated. The trial court didn’t abuse its discretion by admitting evidence obtained after Ertel’s car was stopped because the police officer had reasonable suspicion to conduct an investigatory stop.

John Dyer, David White, and Maurice Dillender v. James H. Hall and Nu-Plaza Yacht Club

82A01-0910-CV-510
Civil. Reverses summary judgment in favor of Hall on the complaint his boat docks interfere with Dyer, White, and Dillender’s use of the river. There is an issue of fact as to whether or to what extent the landowners have access to the river, and whether the deadmen installed on the landowners’ property are a nuisance or a trespass.

Paternity of R.M.; N.C. v. K.M. (NFP)
02A03-1001-JP-21
Juvenile. Affirms order denying father N.C.’s motion for change of venue from judge pursuant to Indiana Trial Rule 76(B).

David Mazhandu v. State of Indiana (NFP)

49A02-0909-CR-890
Criminal. Affirms conviction of resisting law enforcement as a Class A misdemeanor.

James D. Boyd v. State of Indiana (NFP)
90A04-1001-CR-30
Criminal. Affirms conviction of Class A felony child molesting. Reverses sentence and remands for it to be revised to 40 years in prison.

Rocky D. Beavers Jr. v. State of Indiana (NFP)
79A02-1002-CR-96
Criminal. Affirms sentence following guilty plea to Class A felony child molesting and Class B felony incest.

Herman F. Filice v. State of Indiana (NFP)
49A02-0911-CR-1109
Criminal. Affirms denial of motion to “remove sexually violent predator status.”

J.M. Alleged to be C.H.I.N.S.; H.M. and D.M. v. I.D.C.S. (NFP)
20A03-0910-JV-480
Juvenile. Affirms finding that J.M. is a child in need of services.

Michael R. Pollard, Jr. v. State of Indiana (NFP)

45A05-0910-CR-594
Criminal. Affirms sentence following guilty plea to Class B felony dealing in cocaine.

Rickey D. Gosha v. State of Indiana (NFP)

48A02-0910-CR-1006
Criminal. Affirms revocation of probation and order that Gosha serve the remainder of his sentence.

Lorenzo Borders v. City of Elkhart, Ind., et al. (NFP)
20A03-0907-CV-346
Civil. Affirms summary judgment and motions to dismiss Borders’ complaint for false arrest and false imprisonment in favor of the City of Elkhart, et al.

George Cox, et al. v. Honorable Roger D. Davis (NFP)
31A01-0912-CV-571
Civil. Affirms dismissal of complaint filed by Cox and others against Harrison Superior Judge Davis.

Jason Wells v. State of Indiana (NFP)
49A02-1004-CR-377
Criminal. Affirms conviction of Class C felony child molesting.

James A. Barber v. State of Indiana (NFP)
29A02-0909-CR-916
Criminal. Affirms sentence following guilty plea to two counts of child molestation as Class A felonies, and two counts of sexual misconduct with a minor as Class B felonies.

Larry Andrew Anderson v. State of Indiana (NFP)
82A04-0911-CR-656
Criminal. Affirms sentence following guilty plea to Class D felony possession of a controlled substance and Class D felony possession of a legend drug.

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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