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Opinions March 9, 2011

March 9, 2011
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7th Circuit Court of Appeals
Peggy Abner and Linda Kendall v. Scott Memorial Hospital
10-2713
U.S. District Court, Southern District of Indiana, New Albany Division, Chief Judge Richard L. Young.
Civil. Denies motion to file an oversized brief and affirms summary judgment for Scott Memorial Hospital in a suit under the False Claims Act. Finds the appeal has no merit and the appellant’s attorney flagrantly violated the word limit for the brief.

United States of America v. Styles Taylor and Keon Thomas
05-2007, 05-2008, 09-1291
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Charles R. Norgle Sr.
Criminal. Vacates Taylor and Thomas’ convictions of murder and robbery and remands for a new trial. Accepting new, unrelated reasons extending well beyond the prosecutor’s original justification for striking an African-American juror amounts to clear error under Miller-El II, and the government’s reliance on these additional reasons raises the specter of pretext.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
David Sasser v. State of Indiana
79A04-1006-CR-457
Criminal. Reverses conviction of Class C felony failure to register as a convicted sex offender while having a prior conviction and remands for a new trial. The admission of evidence regarding Sasser’s prior convictions for failure to register was a fundamental error, but there is sufficient evidence supporting the conviction.

Jerrell D. White v. State of Indiana
15A01-1008-CR-463
Criminal. Affirms conviction of Class D felony theft and reverses conviction of Class D felony receiving stolen property for violating double jeopardy. There is insufficient evidence to support the habitual offender finding. Affirms remaining three-year sentence for theft conviction. Remands with instructions.

Thomas P. Burke v. American General Financial Services, Inc. (NFP)
29A02-1008-PL-925
Civil plenary. Affirms on interlocutory appeal the grant of a motion to appoint a receiver filed by American General Financial Services.

Joshua Murrell v. State of Indiana (NFP)
49A02-1005-CR-552
Criminal. Dismisses appeal of the denial of demand for trial setting and motion to transport defendant to Marion County Jail for purpose of trial preparation or competency evaluation, and motion for discharge under Indiana Criminal Rule 4(C).

James D. Imel, Jr. v. State of Indiana (NFP)
16A01-1009-CR-471
Criminal. Affirms conviction of and sentence for Class C felony reckless homicide.

William C. Lansford v. State of Indiana (NFP)
71A03-1004-CR-178
Criminal. Affirms conviction of Class B felony burglary.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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