ILNews

Opinions June 27, 2011

June 27, 2011
Keywords
Back to TopE-mailPrintBookmark and Share

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. 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.

ADVERTISEMENT