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Opinions May 21, 2013

May 21, 2013
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Indiana Court of Appeals
Charles Pickering v. Caesars Riverboat Casino, LLC d/b/a Horseshoe Southern Indiana
31A01-1209-CT-429
Civil tort. Affirms grant of summary judgment in favor of defendant, holding that an injury Charles Pickering sustained after passing beneath caution tape and falling on a snowy and icy parking garage surface could not be attributed to Horseshoe Casino, which had cordoned off the area.

C.B. v. State of Indiana
49A04-1207-JV-379
Juvenile. Reverses juvenile court denial of a motion to consider probable cause even though C.B. clearly established lack of probable cause. The court held that in a case in which a juvenile presents evidence that tends to negate probable cause, a juvenile court must grant a motion to reconsider probable cause.

Dorita P. Lee and Brealon Miller v. Elizabeth Hamilton (NFP)
45A03-1211-SC-491
Small claim. Affirms granting of judgment in favor of Dorita Lee and Brealon Miller. Concludes the lower court did not err in awarding Lee and Miller zero damages.   

Christine and George Evan v. Trustgard Insurance Company, d/b/a Grange Insurance (NFP)
64A04-1210-CT-563
Civil tort. Dismisses the Evans’ appeal of denial of their motion to compel discovery responses in their action against Trustgard Insurance Co., doing business as Grange Insurance. Finds the Evans are not appealing a final judgment and did not properly perfect a discretionary interlocutory appeal. The COA rules it has no jurisdiction to entertain the appeal of the trial court’s denial.  

Francis Napier v. State of Indiana (NFP)
15A04-1209-CR-460
Criminal. Affirms denial of Napier’s motion to suppress the evidence. Concludes that since the Indiana Gaming Commission officer’s actions in helping Napier’s girlfriend retrieve personal items from Napier’s truck did not constitute a search under the Fourth Amendment, the COA does not reach Napier’s argument that the search was unjustified under the automobile exception to the warrant requirement.

Dionne Stewart v. State of Indiana (NFP)
49A02-1210-PC-787
Post conviction. Affirms denial of Stewart’s amended petition for post-conviction relief. Concludes Stewart waived appellate review of his claim that the trial court erred in permitting the state to belatedly amend the Information to include a habitual offender allegation. COA concludes that Stewart did not receive ineffective assistance of appellate counsel.  

Kevin T. Price v. State of Indiana (NFP)
18A02-1210-CR-809
Criminal. Affirms Price’s convictions and sentence for Class D felony pointing a firearm and Class A misdemeanor battery resulting in bodily injury. Finds the trial court did not err in excluding Price’s alibi witness and in instructing the jury. Also concludes Price has failed to carry his burden to show that his sentence is inappropriate.   

In the Guardianship of D.M.: W.G. v. B.P. (NFP)
39A01-1210-GU-463
Guardianship. Affirms termination of W.G.’s (grandfather) guardianship over D.M. (granddaughter). Finds the trial court did not abuse its discretion either in terminating grandfather’s guardianship of D.M. or in awarding mother immediate custody of D.M.  

The Indiana Supreme Court and 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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