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.
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
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
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)
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)

Criminal. Affirms conviction of Class D felony theft.

Rodney D. Mosby v. State of Indiana (NFP)
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. Freedom From Religion Foundation: If you really want to be free from religion, don't go to the Christmas Play or the Christmas Pageant or the Christmas Parade. Anything with "Christ" or Saint...fill in the blank...would be off limits to you. Then leave the rest of us ALONE!

  2. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  3. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  4. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  5. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon