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Opinions May 17, 2013

May 17, 2013
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Indiana Supreme Court
State of Indiana ex rel. Glenn D. Commons, et al. v. The Hon. John R. Pera, et al.
45S00-1303-OR-209
Original action/judiciary. Grants in part and denies in part relief sought by relators, Lake County magistrates, who sought to prevent civil division Judge Nicholas Schiralli from transferring to the juvenile bench. The court held that Schiralli, who had not been appointed to the bench through merit selection, may not transfer without first being appointed through merit selection. The court denied the magistrates’ request that no judicial transfers be allowed without merit selection. The court denied Lake County judges’ assertion that the Lake County merit selection statute in question, I.C. 33-33-45-21(e), is unconstitutional.

Kirk B. Lynch v. State of Indiana
40S05-1301-CR-23
Criminal. Affirms trial court’s sentence of 40 years with five years suspended for attempted child molesting, a Class A felony. Finds the sentence was not inappropriate under Appellate Rule 7(B) because it exceeded the advisory sentence by 10 years.

Calvin Merida v. State of Indiana
69S01-1301-CR-24
Criminal. Affirms trial court imposition of consecutive advisory sentences for an aggregate term of 60 years for two counts of child molesting as Class A felonies. Vacated the Indiana Court of Appeal’s decision to revise the sentences under Appellate Rule 7(B), holding the sentences imposed were not inappropriate.

Indiana Court of Appeals
Ladonna A. Reck, As Personal Rep. of the Estate of Evelyn L. Holmes v. Harry Clifton Knight, M.D., Mona Siddiqui Saifullah, M.D., Community Health Network, Inc., et al. (NFP)
49A05-1208-CT-428
Civil tort/medical malpractice. Affirms denial of motion to correct error filed following dismissal of the proposed complaint after a statutorily imposed deadline passed.

Robert V. Allen v. State of Indiana (NFP)

71A03-1209-CR-408
Criminal. Affirms conviction of Class D felony theft.

Rodney D. Mosby v. State of Indiana (NFP)
71A04-1209-CR-469
Criminal. Affirms conviction of Class B felony robbery and Class A misdemeanor resisting law enforcement.
 
The Indiana Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.

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  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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