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Opinions March 12, 2013

March 12, 2013
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Indiana Supreme Court
Curtis A. Bethea v. State of Indiana
18S05-1206-PC-304
Post conviction. Affirms trial court denial of post-conviction relief, holding that Curtis Bethea, who pleaded guilty to armed robbery and criminal confinement in a deal that dropped seven other felony counts, was not improperly denied post-conviction relief when a judge considered evidence of charges that were dismissed.

Indiana Court of Appeals
Henry Keith Holloway v. State of Indiana (NFP)
71A05-1202-CR-58
Criminal. Affirms conviction of Class C felony operating a vehicle after lifetime suspension and Class A misdemeanor operating a vehicle while intoxicated.

Jennifer Duff v. State of Indiana (NFP)

89A01-1206-CR-280
Criminal. Affirms aggregate executed sentence of 18 years in prison for conviction of one Class B felony count of dealing in a Schedule I controlled substance; eight counts of Class C felony forgery; one count of Class C felony robbery; five counts of Class D felony theft; and three counts of Class C felony fraud.

Brian L. Spurlock, Sally M. Spurlock v. Morequity, Inc. (NFP)

29A04-1207-MF-345
Mortgage foreclosure. Dismisses appeal from an entry of a foreclosure judgment against the Spurlocks.

Kevin Burrell v. State of Indiana (NFP)

71A05-1208-CR-434
Criminal. Affirms conviction and aggregate sentence of 105 years in prison for two counts of Class A felony attempted murder, Class C felony criminal recklessness and a criminal gang activity sentence enhancement.

Kenneth D. Helton v. State of Indiana (NFP)

47A01-1205-CR-200
Criminal. Affirms convictions of Class B felony dealing in methamphetamine, Class D felony possession of marijuana and Class D felony maintaining a common nuisance, remanding to the trial court to correct a sentencing error. The appeals panel left in place an aggregate sentence of 23 years in prison but instructed the trial court to enhance the dealing in methamphetamine conviction by eight years instead of sentencing him separately for being a habitual substance offender.

John Ivy v. State of Indiana (NFP)
18A02-1205-PC-378
Post conviction. Affirms denial of post-conviction relief from a 65-year sentence for a conviction of murder, concluding the post-conviction court erred in finding that Ivy had waived two issues, but notwithstanding that error, Ivy failed to demonstrate he was entitled to post-conviction relief on any of his claims.

Gary Gardner v. State of Indiana (NFP)

49A05-1207-PC-379
Post conviction. Affirms in a divided opinion denial of post-conviction relief from a 90-year sentence for three counts of Class A felony child molesting, one count of Class C felony child molesting, and one count of Class C felony child exploitation. Senior Judge Betty Barteau and Judge Terry Crone formed the majority from which Judge Elaine Brown dissented, concluding that Gardner demonstrated ineffective counsel assistance because his appellate counsel failed to raise an issue related to the length of his sentence. Brown would find the trial court thus erred and remand for further proceedings.

Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
 

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  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.

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