ILNews

Opinions May 13, 2011

May 13, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Melody D. Linenburg v. Mark A. Linenburg
82A01-1011-DR-625
Domestic relation. Affirms provisional order awarding father primary physical custody of the children and possession of the marital residence during the pendency of the dissolution proceeding. The mother failed to establish an abuse of discretion and the court declines to reweigh the evidence.

Raymond Shook v. State of Indiana (NFP)
49A05-1007-PC-461
Post conviction. Affirms denial of motion to remove Shook’s status as a sexually violent predator.

Julio Azpeitia v. State of Indiana (NFP)

09A05-1012-CR-796
Criminal. Affirms convictions of and sentence for Class A misdemeanor driving while suspended and Class B misdemeanor public intoxication.

Michael Yang v. State of Indiana (NFP)
49A04-1006-CR-351
Criminal. Affirms convictions of and sentence for felony murder and Class A misdemeanor invasion of privacy.

Steven Foernzler v. State of Indiana (NFP)
49A02-1007-CR-827
Criminal. Affirms convictions of Class A felony attempted murder and Class D felony residential entry.

Reginald N. Person, Jr., et al. v. Carol A. Shipley (NFP)
20A03-1008-CT-463
Civil tort. Reverses jury verdict in favor of Shipley and remands for further proceedings.

Michael Hale v. State of Indiana (NFP)
43A05-1010-PC-697
Post conviction. Affirms denial of petition for post-conviction relief.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Hmmmmm ..... How does the good doctor's spells work on tyrants and unelected bureacrats with nearly unchecked power employing in closed hearings employing ad hoc procedures? Just askin'. ... Happy independence day to any and all out there who are "free" ... Unlike me.

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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