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Opinions, May 23, 2011

May 23, 2011
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7th Circuit Court of Appeals opinion  posted after IL deadline May 20
USA v. Sidney O. Sellers
09-2516
Criminal. Vacates sentences for possession with intent to sell crack cocaine and possession of a firearm used in drug trafficking, and orders new trial for Sidney O. Sellers, stating the court failed to consider Sellers’s reasons for requesting a motion for a continuance. Remands for a new trial, including all pre-trial proceedings.

7th Circuit Court of Appeals had posted no opinions at IL deadline

Indiana Supreme Court had posted no opinions at IL deadline

Indiana Court of Appeals
Jimmie E. Jones, Jr. v. State of Indiana
29A02-1008-CR-935
Criminal. Affirms conviction for felony murder, stating that the trial court did not err by refusing Jimmie Jones’s tendered instructions on reckless homicide and involuntary manslaughter, as evidence suggests Jones knowingly and willingly killed the victim.

Stephen Robertson, et al. v. B.O., et al.
49A04-1009-CT-528
Civil tort. Reverses partial summary judgment with respect to the compensable damages in favor of appellee-plaintiff B.O., a minor, stating the trial court erred in excluding the Indiana Compensation Fund’s evidence regarding the extent of B.O.’s damages.

Willie McCain, Jr. v. State of Indiana
27A02-1009-CR-985
Criminal. Affirms trial court’s judgment of conviction for Class B felony dealing in cocaine, stating that while the court erred in prohibiting as unsubstantiated any discussion of the confidential informant’s criminal background, the error was harmless beyond a reasonable doubt.

James Andrew Foxworthy v. State of Indiana (NFP)
32A05-1009-CR-583
Criminal. Reverses conviction for Class A misdemeanor domestic battery, stating the trial court abused its discretion in admitting a deputy’s testimony over the defendant’s hearsay objection.

Jack M. Estes, II v. State of Indiana (NFP)
32A04-1010-CR-693
Criminal. Reverses consecutive sentences for revocation of probation in Hendricks and Boone counties, and remands for imposition of concurrent sentences.

Ronald Hollin v. State of Indiana (NFP)
36A01-1008-CR-378
Criminal. Affirms convictions for Class A felony child molesting and other related counts.

Joseph Cree v. State of Indiana (NFP)
09A02-1009-PC-1008
Post-conviction relief petition. Affirms order of post-conviction court’s summary denial of petition.

Johnny Baptiste v. State of Indiana (NFP)
49A05-1010-CR-616
Criminal. Reverses convictions for Class D felony auto theft and Class A misdemeanor battery; upholds conviction for Class A felony robbery, stating the robbery and auto theft convictions violate the double-jeopardy single-larceny rule and convictions for robbery violate actual-evidence test.

Donald Mallard v. State of Indiana (NFP)
71A03-1006-PC-362
Post-conviction relief petition. Affirms denial of post-conviction relief petition.

Russel F. Cowherd v. State of Indiana (NFP)
02A05-1008-CR-567
Criminal. Affirms conviction for Class C felony possession of cocaine.

Quan Ning Huang v. Tanas B. Donev (NFP)
02A03-1012-MF-661
Mortgage foreclosure. Affirm’s grant of summary judgment and corresponding entry of decree of foreclosure in favor of Tanas B. Doney.

Indiana Tax Court had posted no opinions at IL deadline
 

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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