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Opinions March 22, 2013

March 22, 2013
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Indiana Court of Appeals
F.G. v. B.G. (NFP)
49A05-1210-DR-506
Domestic relation. Affirms trial court’s denial of father F.G.’s motion to set aside decree establishing paternity and for DNA testing regarding paternity of one of his children.

C.M. v. State of Indiana (NFP)
49A02-1209-JV-757
Juvenile. Affirms finding of indirect contempt of court.

Gail Eisenhut v. Richard Eisenhut, M.D. (NFP)
49A02-1208-DR-633
Domestic relation. Reverses trial court judgment ordering Gail Eisenhut to repay Richard Eisenhut $19,250, holding there is no evidence that his overpayment of child support was anything but voluntary and gratuitous.

Lisa M. Rooker v. State of Indiana (NFP)
48A02-1206-CR-492
Criminal. Affirms three-year sentence for Class D felony conviction of operating a vehicle while intoxicated.

Roudy Joe Beasley v. State of Indiana (NFP)
84A05-1209-CR-461
Criminal. Affirms revocation of home detention.

John Mwangi v. State of Indiana (NFP)
49A02-1208-CR-647
Criminal. Affirms convictions of Class D felony intimidation and theft.

Rex L. Kast v. State of Indiana (NFP)
02A03-1205-CR-211
Criminal. Affirms convictions of three Class D felony counts of possession of controlled substances.

Andrew J.P. Cox v. State of Indiana (NFP)
48A05-1209-CR-451
Criminal. Affirms revocation of probation.

Thomas Albert Overton v. State of Indiana (NFP)
35A02-1206-CR-530
Criminal. Affirms conviction of Class C felony child molesting.

Daimon Culpepper v. State of Indiana (NFP)
49A02-1209-CR-724
Criminal. Affirms sentence for Class A felony robbery.

Indiana Supreme Court and 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. 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.

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