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Opinions May 27, 2011

May 27, 2011
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The following opinions were posted after IL deadline Thursday:
Indiana Supreme Court
State of Indiana v. Jeffrey Brunner
57S04-1010-CR-603
Criminal. Reverses modification of Brunner’s conviction of Class D felony operating while intoxicated to a Class A misdemeanor. The trial court lacked statutory authority to modify the conviction and the trial court’s authority to reduce a Class D felony conviction to a Class A misdemeanor is limited to the moment of conviction and prior to sentencing. Remands for reinstatement of the original conviction.

State of Indiana v. Charles Boyle
49S05-1105-PC-305
Post conviction. Reverses trial court’s modification of Boyle’s conviction of Class D felony operating a motor vehicle while a habitual traffic offender to a Class A misdemeanor. It is in violation of statutory authority to modify the conviction under the circumstances of this case. Remands to reinstate the original conviction.

Today’s opinions

Indiana Supreme Court
In the Matter of the Honorable William J. Hughes, Judge of the Hamilton Superior Court
29S00-1105-JD-279
Judicial discliplinary action. Reprimands Hamilton Superior Judge William J. Hughes, terminating disciplinary proceedings relating to the circumstances giving rise to the cause.

In the Matter of Joshua A. Parilman
98S00-1012-DI-681
Attorney disciplinary action. Approves agreed discipline, barring respondent indefinitely from acts constituting the practice of law in this state, including temporary admission and solicitation of clients, until further order of the court.

Indiana Court of Appeals
State of Indiana v. Christopher J. Gill
84A04-1011-CR-812
Criminal. Reverses trial court’s grant of Christopher Gill’s motion to dismiss and remands for further proceedings, stating the victim’s decision to recant testimony is not grounds to dismiss a case.

Lisa R. Wright v. State of Indiana
57A03-1010-CR-570
Criminal. Affirms trial court’s assessment of a public defender fee, stating that the indigency hearing requirement does not apply when a defendant has entered into a cash bail-bond agreement.

In re George H. Edwardson Revocable Trust
87A01-1009-TR-501
Trust. Affirms probate court’s denial of motion to dismiss and a motion for judgment on the pleadings, holding that although one beneficiary moved assets to Maine, jurisdiction remains in Indiana.

Michael Bell v. State of Indiana (NFP)
49A02-1010-CR-1134
Criminal. Affirms conviction of Class D felony attempted theft and adjudication as an habitual offender.

Quincy English v. State of Indiana (NFP)
02A03-1009-CR-527
Criminal. Affirms conviction of Class B felony aggravated battery.

Heriberto E. Rivera v. State of Indiana (NFP)
49A02-1010-CR-1142
Criminal. Affirms five child molesting convictions.

Alfred Solomon v. State of Indiana (NFP)
27A02-1005-CR-534
Criminal. Affirms convictions of murder and robbery resulting in serious bodily injury as a Class A felony.

Citron Stovall v. State of Indiana (NFP)
79A04-1008-CR-618
Criminal. Affirms conviction of Class A felony dealing in cocaine.

Robert Paul Baston v. State of Indiana (NFP)
69A01-1008-CR-401
Criminal. Affirms conviction of and sentence for Class A felony child molesting.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  2. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

  3. The US has 5% of the world's population and 25% of the world's prisoners. Far too many people are sentenced for far too many years in prison. Many of the federal prisoners are sentenced for marijuana violations. Marijuana is safer than alcohol.

  4. My daughter was married less than a week and her new hubbys picture was on tv for drugs and now I havent't seen my granddaughters since st patricks day. when my daughter left her marriage from her childrens Father she lived with me with my grand daughters and that was ok but I called her on the new hubby who is in jail and said didn't want this around my grandkids not unreasonable request and I get shut out for her mistake

  5. From the perspective of a practicing attorney, it sounds like this masters degree in law for non-attorneys will be useless to anyone who gets it. "However, Ted Waggoner, chair of the ISBA’s Legal Education Conclave, sees the potential for the degree program to actually help attorneys do their jobs better. He pointed to his practice at Peterson Waggoner & Perkins LLP in Rochester and how some clients ask their attorneys to do work, such as filling out insurance forms, that they could do themselves. Waggoner believes the individuals with the legal master’s degrees could do the routine, mundane business thus freeing the lawyers to do the substantive legal work." That is simply insulting to suggest that someone with a masters degree would work in a role that is subpar to even an administrative assistant. Even someone with just a certificate or associate's degree in paralegal studies would be overqualified to sit around helping clients fill out forms. Anyone who has a business background that they think would be enhanced by having a legal background will just go to law school, or get an MBA (which typically includes a business law class that gives a generic, broad overview of legal concepts). No business-savvy person would ever seriously consider this ridiculous master of law for non-lawyers degree. It reeks of desperation. The only people I see getting it are the ones who did not get into law school, who see the degree as something to add to their transcript in hopes of getting into a JD program down the road.

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