ILNews

Opinions March 29, 2011

March 29, 2011
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Indiana Supreme Court
Edward Dawson v. State of Indiana
49S02-1103-CR-176
Criminal. Rules that the Indiana Court of Appeals was correct in declining Edward Dawson’s belated appeal of the trial court’s decision to revoke Dawson’s probation and impose a six-year sentence. States that the COA correctly decided that belated appeals from orders revoking probation are not presently available pursuant to Post-Conviction Rule 2, as the sanction imposed when probation is revoked does not qualify as a “sentence” under the rule, and therefore Dawson is not an “eligible defendant.” Grants transfer and adopts and incorporates by reference the opinion of the Court of Appeals under Appellate Rule 58(A)(1).

Indiana Court of Appeals
Mike Hawa v. Gerald R. Moore
87A01-1007-SC-344
Small claim. Affirms small claims court ruling in favor of a countersuit against property owner Mike Hawa, stating Hawa failed to provide contractor Gerald Moore with adequate assurance that Hawa would pay him for his services. States that small claims court erred by awarding Moore the cost of transporting materials after the lawsuit was filed, saying Moore should have used reasonable diligence to mitigate. Reverses with instructions to reduce Moore’s damage award amount.

Connie Brumley, et al. v. Commonwealth Business College Education Corp. d/b/a Brown Mackie College
45A04-1002-CT-66
Civil tort. Affirms trial court’s order compelling arbitration, ruling that the plaintiffs’ actions challenge Brown Mackie’s entire enrollment agreement, not just its arbitration clause. Judge Barnes concurs in a separate opinion.

Ricky D. Whitaker v. Travis M. Becker, et al.
02A03-1006-CT-303
Civil tort. Reverses trial court’s decision to deny Ricky Whitaker’s motion to correct error, stating the court’s decision was an abuse of discretion. Reverses trial court’s decision dismissing the case and awarding $3,700 to Becker’s counsel as reasonable attorney fees for unacceptable conduct. Orders sanction of Whitaker’s counsel with orders to pay $625 in reasonable attorney fees to Becker’s counsel, and remands for further consideration.

Francisco Ponce v. State of Indiana (NFP)
49A05-1008-CR-492
Criminal. Affirms trial court’s sentencing of Francisco Ponce on convictions of two counts of Class B felony aggravated battery, Class C felony battery, Class A misdemeanor resisting law enforcement, and Class C felony carrying a handgun without a license.

Eddie J. Williams, Jr. v. State Employees' Appeals Commission (NFP)
49A02-1011-MI-1269
Miscellaneous. Affirms trial court’s dismissal of appellant’s petition for judicial review of a decision by the State Employees’ Appeals Commission.

The Indiana Tax Court had posted no opinions at IL deadline.

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  1. IF the Right to Vote is indeed a Right, then it is a RIGHT. That is the same for ALL eligible and properly registered voters. And this is, being able to cast one's vote - until the minute before the polls close in one's assigned precinct. NOT days before by absentee ballot, and NOT 9 miles from one's house (where it might be a burden to get to in time). I personally wait until the last minute to get in line. Because you never know what happens. THAT is my right, and that is Mr. Valenti's. If it is truly so horrible to let him on school grounds (exactly how many children are harmed by those required to register, on school grounds, on election day - seriously!), then move the polling place to a different location. For ALL voters in that precinct. Problem solved.

  2. "associates are becoming more mercenary. The path to partnership has become longer and more difficult so they are chasing short-term gains like high compensation." GOOD FOR THEM! HELL THERE OUGHT TO BE A UNION!

  3. Let's be honest. A glut of lawyers out there, because law schools have overproduced them. Law schools dont care, and big law loves it. So the firms can afford to underpay them. Typical capitalist situation. Wages have grown slowly for entry level lawyers the past 25 years it seems. Just like the rest of our economy. Might as well become a welder. Oh and the big money is mostly reserved for those who can log huge hours and will cut corners to get things handled. More capitalist joy. So the answer coming from the experts is to "capitalize" more competition from nonlawyers, and robots. ie "expert systems." One even hears talk of "offshoring" some legal work. thus undercutting the workers even more. And they wonder why people have been pulling for Bernie and Trump. Hello fools, it's not just the "working class" it's the overly educated suffering too.

  4. And with a whimpering hissy fit the charade came to an end ... http://baltimore.cbslocal.com/2016/07/27/all-charges-dropped-against-all-remaining-officers-in-freddie-gray-case/ WHISTLEBLOWERS are needed more than ever in a time such as this ... when politics trump justice and emotions trump reason. Blue Lives Matter.

  5. "pedigree"? I never knew that in order to become a successful or, for that matter, a talented attorney, one needs to have come from good stock. What should raise eyebrows even more than the starting associates' pay at this firm (and ones like it) is the belief systems they subscribe to re who is and isn't "fit" to practice law with them. Incredible the arrogance that exists throughout the practice of law in this country, especially at firms like this one.

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