Opinions May 16, 2012

May 16, 2012
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7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.

Indiana Supreme Court and Indiana Tax Court posted no opinions by IL deadline.

Indiana Court of Appeals

Robert A. Turner v. State of Indiana (NFP)
Criminal. Affirms imposition of public defender fee.

In Re: Vinod C. Gupta Tax Deed; Rahman Irrevocable Trust v. Vinod C. Gupta and Bank D, LLC a/k/a Bruce Denni, and Ripley County Treasurer (NFP)
Miscellaneous. Affirms denial of two motions by the Rahman Irrevocable Trust for relief from the judgment pertaining to the issuance of tax deeds.

In Re the Marriage of: Am.C. v. D.C. (NFP)
Domestic relation. Affirms order related to the custody and support of the parties’ children. Remands with instructions to revise the order to correctly reflect the name of the school the children attend.

Lowell Jones v. State of Indiana (NFP)
Criminal. Affirms convictions of Class B felony dealing in cocaine and Class D felony resisting law enforcement.

Michael Wayne Glock, David Nixon Glock, and Daniel Colin Glock v. Sheila C. Hale (NFP)
Civil plenary. Affirms summary judgment in favor of Hale finding she was entitled to the proceeds from an annuity.

Sterling Mitchell v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony operating a vehicle while intoxicated.

Claudio Igor Gonzalez v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class B felony aggravated battery.  

Lisa Martin v. American Senior Communities, LLC (NFP)
Civil plenary. Reverses grant of summary judgment for American Senior Communities in an action seeking reimbursement for paid vacation time and remands for further proceedings.

Timothy Ware v. State of Indiana (NFP)
Criminal. Affirms convictions of murder and carrying a handgun without a license as a Class A misdemeanor.

Johnnie Gipson v. State of Indiana (NFP)
Criminal. Affirms convictions of two counts of Class B felony sexual misconduct with a minor and Class C felony child exploitation.

In the Matter of the Term. of the Parent-Child Rel. of N.Q., Je.Q., Ja.Q., and L.Q.; and T.Q. and A.Q. v. Indiana Dept. of Child Services (NFP)
Juvenile. Reverses termination of parental rights and remands for further proceedings.

Timothy T. Brooks v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony performing sexual misconduct in the presence of a minor.

Donald B. Hall v. Beverly J. Hall (NFP)
Domestic relation. Reverses denial of motion for relief from judgment pursuant to Ind. Trial Rule 60(B).


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  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. 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.

  4. 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.

  5. 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.