ILNews

Opinions June 24, 2011

June 24, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Involuntary Commitment of S.S.
49A02-1011-MH-1251
Mental health. Affirms order for S.S.’s temporary commitment. There was no prejudice to S.S. due to the doctor’s report being filed 16 minutes after the end of her detention period. The timely filing of the report is a procedural requirement, not a jurisdiction prerequisite.  

Aaron Shields v. State of Indiana (NFP)
29A04-1009-CR-558
Criminal. Affirms conviction of Class C felony forgery.

Robert A. Hutchens v. BAC Home Loans Servicing (NFP)
29A02-1010-MF-1085
Mortgage foreclosure. Affirms summary judgment for BAC Home Loans Servicing on its foreclosure claim against Hutchens, and for Mortgage Electronic Registration Systems and Bank of America National Association as to Hutchens’ claims that the parties should have filed a satisfaction of mortgage on Hutchens’ home equity line of credit.  

Terry Allen Wagster v. State of Indiana (NFP)
45A03-1011-CR-590
Criminal. Affirms sentence following guilty plea to two counts of Class C felony exploitation of an endangered adult.

Jomisha Williams v. State of Indiana (NFP)
71A03-1011-CR-578
Criminal. Affirms conviction of Class C felony possession of cocaine.

Term. of Parent-Child Rel. of Dam.T., et al.; K.T. v. I.D.C.S. (NFP)
49A05-1010-JT-694
Juvenile. Affirms involuntary termination of parental rights.

Timothy L. Woods v. State of Indiana (NFP)
02A04-1011-CR-752
Criminal. Affirms sentence following guilty plea to Class D felony receiving stolen property.

Lee Kershaw v. State of Indiana (NFP)
10A01-1011-CR-572
Criminal. Affirms sentence for Class A felony voluntary manslaughter and Class A felony attempted voluntary manslaughter.

Fernando B. Eguia, Sr. v. State of Indiana (NFP)
01A05-1010-CR-627
Criminal. Affirms conviction of and sentence for Class D felony intimidation.

Elijah Roberson v. State of Indiana (NFP)
45A03-1011-CR-564
Criminal. Affirms sentence following guilty plea to Class A felony child molesting.

Joseph A. Taylor v. Mitch Daniels, et al. (NFP)
67A01-1011-MI-600
Miscellaneous. Reverses denial of Taylor’s amended complaint against Gov. Mitch Daniels and other defendants.

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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