ILNews

Opinions June 21, 2010

June 21, 2010
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The 7th Circuit Court of Appeals’ website was unavailable at IL deadline.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals

Philip Cleer v. State of Indiana
49A02-0912-CR-1193
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle with a blood alcohol content between 0.08 and 0.15. Cleer didn’t establish that the operation of a sobriety checkpoint violates the separation of powers provision of the Indiana Constitution.

Leo D. Youngblood v. State of Indiana (NFP)
48A02-0911-CR-1114
Criminal. Affirms sentence following guilty plea to Class B felony dealing in cocaine.

Randolph Bishop v. State of Indiana (NFP)
49A04-0911-CR-653
Criminal. Affirms convictions of Class C felony battery and Class A misdemeanor domestic battery.

Cherrice Avant v. State of Indiana (NFP)
29A05-1002-CR-64
Criminal. Affirms Class D felony theft conviction.

Bradley Baker v. State of Indiana (NFP)
49A04-0910-CR-611
Criminal. Affirms convictions of two counts of Class C felony failure to register as a sex offender.

Guardianship of Carrie Etta McGoffney, an Incapacitated Adult (NFP)
84A01-0906-CV-266
Civil. Affirms appointment of Ivy McGoffney as guardian over her mother, Carrie Etta McGoffney.

Kassahun T. Metaferia v. John Ancelet (NFP)

49A02-0908-CV-813
Civil. Affirms jury verdict in favor of Ancelet that concluded Metaferia was 65 percent at fault for the car accident. Metaferia isn’t entitled to a new trial.

Marcel Roundtree v. State of Indiana (NFP)
18A04-0910-CR-577
Criminal. Affirms convictions of theft and possession of a controlled substance as Class D felonies.

Richard A. Brown v. Mary Brown Whitledge (NFP)

82A01-0912-CV-608
Civil. Affirms grant of petition to modify child custody filed by Whitledge.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Hmmmmm ..... How does the good doctor's spells work on tyrants and unelected bureacrats with nearly unchecked power employing in closed hearings employing ad hoc procedures? Just askin'. ... Happy independence day to any and all out there who are "free" ... Unlike me.

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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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