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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 practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  2. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  3. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  4. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

  5. "No one is safe when the Legislature is in session."

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