ILNews

Opinions March 25, 2011

March 25, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
William Hurt v. State of Indiana
82A04-1006-CR-414
Criminal. Affirms Hurt’s conviction of Class C felony reckless disregard of a traffic control device in a highway workzone resulting in death, ruling that Hurt had seen the traffic controls repeatedly on his several trips through the workzone, prior to the fatal crash. Reverses Hurt’s conviction for Class C felony reckless operation of a vehicle in a highway workzone resulting in death, on double jeopardy grounds.

Timothy D. Sexton v. Donna M. (Sexton) Sedlak
49A04-1005-DR-330
Domestic relation. Affirms trial court’s decision to deny retroactive modification of father’s child support obligation prior to the filing date of his petition to modify, ruling the trial court did not abuse its discretion in choosing June 12, 2009, as the effective date for modification. Affirms trial court’s decision denying father’s petition for emancipation. Reverses trial court’s child support obligation of $117 per week and remands with instructiosn to determine Sexton's support obligation in light of child T.S.'s income. Judge Kirsch dissents.

Brian Calaway v. State of Indiana (NFP)
49A02-1008-CR-953
Criminal. Affirms conviction of Class D felony theft and Class A misdemeanor battery.

Term. of Parent-Child Rel. of J.M.; B.M. v. IDCS (NFP)
32A01-1008-JT-455
Juvenile termination of parental rights. Affirms order terminating father’s parental rights.

Douglas (Sommers) Summers v. State of Indiana (NFP)
34A02-1007-CR-876
Criminal. Affirms sentence for Class D felony sexual battery.

Term. of Parent-Child Rel. of S.W.; C.W. v. IDCS (NFP)
49A02-1007-JT-913
Juvenile termination of parental rights. Affirms juvenile court’s order terminating mother’s parental rights.

Bronco L. Morgan v. State of Indiana (NFP)
20A04-1008-CR-577
Criminal. Affirms conviction of and sentence for Class A felony attempted murder.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  2. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

  3. She must be a great lawyer

  4. Ind. Courts - "Illinois ranks 49th for how court system serves disadvantaged" What about Indiana? A story today from Dave Collins of the AP, here published in the Benton Illinois Evening News, begins: Illinois' court system had the third-worst score in the nation among state judiciaries in serving poor, disabled and other disadvantaged members of the public, according to new rankings. Illinois' "Justice Index" score of 34.5 out of 100, determined by the nonprofit National Center for Access to Justice, is based on how states serve people with disabilities and limited English proficiency, how much free legal help is available and how states help increasing numbers of people representing themselves in court, among other issues. Connecticut led all states with a score of 73.4 and was followed by Hawaii, Minnesota, New York and Delaware, respectively. Local courts in Washington, D.C., had the highest overall score at 80.9. At the bottom was Oklahoma at 23.7, followed by Kentucky, Illinois, South Dakota and Indiana. ILB: That puts Indiana at 46th worse. More from the story: Connecticut, Hawaii, Minnesota, Colorado, Tennessee and Maine had perfect 100 scores in serving people with disabilities, while Indiana, Georgia, Wyoming, Missouri and Idaho had the lowest scores. Those rankings were based on issues such as whether interpretation services are offered free to the deaf and hearing-impaired and whether there are laws or rules allowing service animals in courthouses. The index also reviewed how many civil legal aid lawyers were available to provide free legal help. Washington, D.C., had nearly nine civil legal aid lawyers per 10,000 people in poverty, the highest rate in the country. Texas had the lowest rate, 0.43 legal aid lawyers per 10,000 people in poverty. http://indianalawblog.com/archives/2014/11/ind_courts_illi_1.html

  5. A very thorough opinion by the federal court. The Rooker-Feldman analysis, in particular, helps clear up muddy water as to the entanglement issue. Looks like the Seventh Circuit is willing to let its district courts cruise much closer to the Indiana Supreme Court's shorelines than most thought likely, at least when the ADA on the docket. Some could argue that this case and Praekel, taken together, paint a rather unflattering picture of how the lower courts are being advised as to their duties under the ADA. A read of the DOJ amicus in Praekel seems to demonstrate a less-than-congenial view toward the higher echelons in the bureaucracy.

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