Opinions May 10, 2011

May 10, 2011
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Indiana Supreme Court
Damion J. Wilkins v. State of Indiana
Criminal. Affirms trial court denial of motion to suppress. Wilkins is not entitled to suppression of the evidence on his claims of error related to the no-knock entry. Summarily affirms the Indiana Court of Appeals as to his other appellate claims.

Cornelius T. Lacey, Sr. v. State of Indiana
Criminal. Affirms denial of Lacey’s motion to suppress. The police did not have to present known supporting facts and obtain an advance judicial authorization for the no-knock entry. Summarily affirms the Indiana Court of Appeals as to all other issues.

City of Indianapolis, et al. v. Christine Armour, et al.
Civil. Reverses trial court grant of summary judgment for the plaintiffs on their federal constitutional claims and remands with instructions to grant judgment for the City of Indianapolis on the plaintiffs’ federal equal protection claim. Holds the City of Indianapolis did not violate the Equal Protection Clause of the 14th Amendment because forgiving only the outstanding assessment balances was rationally related to a legitimate governmental interest.

Indiana Court of Appeals
Maria Patricia (Franco) Suarez v. State of Indiana
Post conviction relief petition. Reverses trial court’s denial of plaintiff’s request for a complete record of her guilty plea hearing, including the Spanish language portions of the hearing, stating that under Indiana Administrative Rule 9(D), the guilty plea hearing was a public court record that should be available to Suarez.

State of Indiana v. Charles Black
Criminal. Reverses trial court’s discharge of Charles Black, who had been charged with drug and other offenses, stating that by agreeing to a new trial date outside the parameters of Indiana Criminal Rule 4(C), Black acquiesced to his trial being delayed and waived his right to be discharged under Criminal Rule 4(C). Remands for further proceedings.

Term. of Parent-Child Rel. of H.A. and R.H.; K.H. v. IDCS (NFP)
Juvenile termination of parental rights. Affirms termination of mother’s parental rights.

Adoption of E.F.: R.F. and S.F. v. J.N. and K.N. (NFP)
Adoption. Affirms adoption of child by guardians.

Lavonta Henry v. State of Indiana (NFP)
Criminal. Affirms sentence for four counts Class B felony burglary.

Jeffrey W. Brinkman v. Lisa A. Brinkman (NFP)
Domestic relation. Reverses order obligating Jeffrey Brinkman to pay Lisa Brinkman for the value of his retirement fund. Affirms that the trial court’s miscalculation of son’s 21st birthday was a harmless error and that the trial court did not err when it failed to modify Jeffrey’s child support obligation; the award of prejudgment interest was not an abuse of discretion.

Indiana Tax Court had posted no opinions as of IL deadline.


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  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues