ILNews

Opinions June 27, 2011

June 27, 2011
Keywords
Back to TopE-mailPrint

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Vincent M. Butler, Jr. v. State of Indiana
84A01-1008-CR-414
Criminal. Affirms revocation of Butler’s probation. The record shows that the trial court adequately advised Butler of his right to counsel and that he knowingly, intelligently, and voluntarily waived that right. The trial court did not abuse its discretion by imposing the balance of his four-year previously suspended sentence. Judge Kirsch dissents.

In the Matter of the Trust of Harrison Eiteljorg
49A02-1005-TR-485
Trust. Affirms probate court finding that the trustees failed to distribute a portion of the trust corpus in a timely manner. There was sufficient evidence to sustain the finding on liability as the trustees knew there was property available in the trust for distribution yet declined to timely distribute it to the beneficiaries. Reverses assessment of damages and attorney fees and remands for a re-evaluation of the compensatory damages and a reduction in attorney fees. Judge Baker dissents.

Gary Ludban, et al. v. Ronald Burtch, et al.
44A05-1007-PL-437
Civil plenary. Affirms trial court ruling regarding the survey of land. The survey the Burtches had conducted was not erroneous as a matter of law, the trial court did not err in determining that the fence between the Ludban and Burtch properties establishes the property line, and the trial court did not err in denying the Ludbans’ adverse possession claim to a strip of land used for access to the lake. The trial court did not err in discrediting the survey the Ludbans had done or in implying that Gary Ludban disturbed the original monumentation between lots 29 and 30. The determination of the property line between the Reeds and the Ludbans based on the line of occupation is supported by the evidence.

Kimberly L. Benedict v. State of Indiana (NFP)
49A02-1012-CR-1359
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Paternity of K.B.; J.B. v. J.D. (NFP)
02A04-1008-JP-533
Juvenile. Affirms trial court grant of permission to allow mother to relocate to Tennessee with daughter.

Jerry L. Coleman v. Marla J. Coleman (NFP)
38A05-1008-DR-490
Domestic relation. Affirms denial of Jerry Coleman’s motion to correct error after the court awarded custody of his son to ex-wife, Marla Coleman, and twice found Jerry in contempt of court.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court granted seven transfers and denied 34 for the week ending June 24, 2011.

 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

ADVERTISEMENT