ILNews

Opinions May 13, 2014

May 13, 2014
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Indiana Supreme Court
In re Mental Health Actions for A.S., Sara Townsend
10S01-1402-MH-113
Mental health. Reverses finding that Sara Townsend was in indirect civil contempt after completing an application to initiate immediate emergency treatment for her co-worker, A.S. The trial court lacked statutory authority to find her in contempt and her actions did not place her under the trial court’s authority to impose sanctions as an inherent power of the judiciary.

McLynnerd Bond, Jr. v. State of Indiana
45S03-1309-CR-597
Criminal. Reverses denial of Bond’s motion to suppress confession to murder given after a detective implied during an interrogation that he would not receive a fair trial because of his race. This technique went too far in intentionally misleading a suspect as to his constitutionally guaranteed rights to a fair trial and impartial jury because of his race.

Indiana Court of Appeals
Daylene M. (Atchison) Coleman v. Scott A. Atchison
90A02-1311-DR-921
Domestic relation. Reverses denial of incapacity maintenance for Coleman and the equal division of the marital estate. The trial court’s judgment on the division is not supported by its finding. Remands with instructions for the dissolution court to either award her incapacity maintenance or to identify specific extenuating circumstances directly related to the statutory criteria for awarding such maintenance that would justify denying the award. Also instructs the court to award Coleman more than 50 percent of the marital estate consistent with its finding that she has rebutted the presumption of an equal division.

Antonio Beaven v. State of Indiana (NFP)
49A02-1309-CR-811
Criminal. Affirms adjudication as a habitual offender.

The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
 

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  1. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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  3. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

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