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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. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

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  3. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  4. JLAP and other courtiers ... Those running court systems, have most substance abuse issues. Probably self medicating to cover conscience issues arising out of acts furthering govt corruption

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

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