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Opinions March 28, 2012

March 28, 2012
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Court of Appeals
Juan M. Garrett v. State of Indiana
49A04-1107-PC-410
Post conviction. Affirms denial of petition for post-conviction relief. Because Garrett’s double jeopardy claims are without merit, he was not prejudiced by his trial and direct appeal attorneys’ failure to raise these claims.

Janet Stewart v. Richmond Community Schools
93A02-1108-EX-793
Agency appeal. Affirms final judgment of the Worker’s Compensation Board of Indiana affirming a single hearing member’s determination of permanent partial impairment. The board’s determination that Stewart was not permanently and totally disabled was a final award subject to appellate review. She didn’t seek appellate review, so she waived any claim of error related to the board’s decision.

Teresa Yates v. State of Indiana (NFP)
49A02-1108-CR-823
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct.

C. Richard Marshall v. Kenneth W. Heider (NFP)
93A02-1106-EX-567
Agency appeal. Reverses order of the Worker’s Compensation Board of Indiana awarding $6,000 in attorney fees to Heider. Remands to the board with instructions.

Stuart Warren Lacy v. State of Indiana (NFP)
48A02-1107-CR-686
Criminal. Affirms sentence following guilty plea to Class B felony robbery.

Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.

 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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