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Opinions June 6, 2013

June 6, 2013
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Indiana Court of Appeals
Scott Speers v. State of Indiana
55A01-1208-CR-391
Criminal. Affirms conviction of Class C felony burglary and Class D felony theft. The trial court properly denied Speers’ motion for discharge under Rule 4(C) as much of the delay in bringing Speers to trial was attributable to him. The direct examination of the lead detective did not present evidence in such a way as to crate an evidentiary harpoon.

Heather McWhorter v. Bill McWhorter (NFP)

34A02-1207-DR-527
Domestic relation. Affirms decision to divide the marital estate equally and treatment of the 401(k) debt after the couple took out a loan against Bill McWhorter’s plan to pay part of the down payment on property in Denver. Reverses portion of the June 4, 2102, order that granted Heather McWhorter’s request to rescind the order entered pursuant to the Denver real estate agreement and remands with instructions for the trial court to reinstate the Denver agreement. Chief Judge Robb dissents.

Robert C. Brown v. State of Indiana (NFP)

35A05-1211-CR-588
Criminal. Affirms conviction of Class C felony operating a motor vehicle after a lifetime suspension of driving privileges.

Richard Lee Haworth, Jr. v. State of Indiana (NFP)
09A05-1209-CR-491
Criminal. Affirms sentence following guilty plea to Class C felony incest.

The Indiana Supreme Court and Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
 

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  1. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  2. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  3. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  4. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

  5. They ruled there is no absolute right to keep a license, whether it be for a lifetime or a short period of time. So with that being said, this state taught me at the age of 15 how to obtain that license. I am actually doing something that I was taught to do, I'm not breaking the law breaking the rules and according to the Interstate Compact the National Interstate Compact...driving while suspended is a minor offense. So, do with that what you will..Indiana sucks when it comes to the driving laws, they really and truly need to reevaluate their priorities and honestly put the good of the community first... I mean, what's more important the pedophile drug dealer or wasting time and money to keep us off the streets?

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