ILNews

Opinions March 21, 2012

March 21, 2012
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The following Indiana Supreme Court opinions were posted after IL deadline Tuesday:
LaPorte Community School Corporation v. Maria Rosales
46S04-1105-CT-284
Civil tort. Reverses and remands for a new trial on the issue of liability only. One of the jury instructions given by the trial court could have misled the jury about a key issue regarding liability in this child wrongful death case. Justice Sullivan dissents.

Randall L. Woodruff, Trustee, U.S. Bankruptcy Court, on Behalf of Legacy Healthcare, Inc.d/b/a New Horizon Develop. Center v. In. Family & Social Serv. Admin., Office of Medicaid Policy & Planning
29S02-1110-PL-598
Civil plenary. Affirms trial court finding that FSSA breached its contract with respect to the remaining pre-decertification claims and awarded New Horizon $93,666.09. It also allowed FSSA an equal amount as a set-off for the receivership costs.

Wednesday’s opinions
7th Circuit Court of Appeals and Indiana Tax Court  posted no opinions by IL deadline.


Indiana Supreme Court
State of Indiana v. International Business Machines Corporation
49S00-1201-PL-15
Civil plenary. Holds that Indiana Code 34-29-2-1 – providing that the governor of the state of Indiana is “privileged from arrest on civil process, and from obeying any subpoena to testify” – operates to preclude a trial court from issuing an order to compel the governor’s deposition in a contract dispute brought by the state of Indiana against a contractor. Justice Sullivan concurs in result.

John Witt, HydroTech Corp, and Mark Shere v. Jay Petroleum, Inc., and Jack R. James
38S02-1110-CV-608
Civil. Affirms trial court order holding John Witt, HydroTech Corp. and attorney Mark Shere in contempt of court for violating the terms of a temporary restraining order. The court order was sufficiently clear and certain to unambiguously direct the cessation of all further activities by Witt, Shere, and Hydrotech at the site. Justices Rucker and Sullivan dissent.

Marion County Auditor, and McCord Investments, LLC v. Sawmill Creek, LLC a/k/a Saw Creek Investments, LLC
49S02-1106-CV-364
Civil. Reverses trial court decision to set aside the tax deed on grounds that the auditor’s effort to notify Sawmill Creek of the tax sale was constitutionally deficient for failing to meet the requirements of due process. The auditor satisfied the due process requirement articulated in Mullane, Dusenbery and Flowers. Justice Rucker dissents.     

Rodney Nicholson v. State of Indiana
55S01-1107-CR-444
Criminal. Affirms conviction of Class C felony stalking. Holds that the lag in time between the harassing calls in 2006 and the subsequent single call in 2008 didn’t foreclose the conviction for stalking, particularly since much of the break in time between the calls was due to Nicholson’s incarceration.

Indiana Court of Appeals
Michael J. Griffin v. State of Indiana
53A05-1106-CR-288
Criminal. Affirms murder conviction but revises Griffin’s sentence to 45 years. The state produced sufficient evidence to negate Griffin’s claim that he was acting in sudden heat when he killed the victim, and the reckless homicide instruction was properly refused.

Kristine Bunch v. State of Indiana
16A05-1007-PC-439
Post conviction. Reverses denial of petition for post-conviction relief and remands for a new trial. The fire victim toxicology evidence does constitute newly discovered evidence and the state’s failure to turn over a report from the Bureau of Alcohol, Tobacco and Firearms testing of floor samples violates Brady. Judge Crone dissents.

Bill Musgrave v. Squaw Creek Coal Co. and Indiana Dept. of Natural Resources
49A05-1104-MI-164
Miscellaneous. Affirms order in favor of Squaw Creek Coal Co. and the Indiana Department of Natural Resources on SCCC’s petition for judicial review on an order issued by the Indiana Natural Resources Commission administrative law judge vacating the DNR’s decision to release certain portions of SCCC’s reclamation bond on its surface mining permit. The trial court did not err by refusing to dismiss SCCC’s petition even though it did not pay a filing fee and SCCC’s process and service was sufficient. The trial court was correct to conclude that Musgrave is not collaterally estopped from challenging the release of the bond on Permit S-008.

Jody Brewster v. State of Indiana (NFP)
49A02-1109-CR-450
Criminal. Affirms conviction of Class D felony theft.

John W. Kimbrough v. State of Indiana (NFP)
45A04-1106-CR-328
Criminal. Affirms four convictions of Class A felony child molesting. Reverses sentencing order and remands to the trial court to enter a sentence as outlined in the opinion. Judge Mathias concurs in part and dissents in part.


 

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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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