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Opinions May 29, 2012

May 29, 2012
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7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals

Jason Tye Myers v. Charles R. Deets III, Deets & Kennedy, and Great American Insurance Group
79A02-1108-CT-771
Civil tort. Affirms summary judgment for Edward Kennedy and the law firm on Myers’ claim for fraud against them and Deets. Myers couldn’t show that either Kennedy or the law firm was liable for Deets’ alleged fraudulent conduct. Reverses grant of Great American Insurance Group’s motion for judgment on the pleadings and remands for further proceedings. Judge Riley concurs in part and dissents in part.

Sisters of St. Francis Health Services, Inc. v. EON Properties, LLC
45A05-1110-PL-587
Civil plenary. Affirms summary judgment in favor of EON Properties regarding the Sisters of St. Francis Health Services’ liability under the lease agreements to pay the last two years of rent after another tenant left the premises early, but reverses regarding EON’s alleged damages. Remands for the continuation of the underlying litigation regarding damages.

Jason B. Saunders v. State of Indiana
06A01-1111-CR-596
Criminal. Affirms revocation of probation and order Saunders serve the remainder of his previously suspended sentence. Saunders waived his delay and due process argument and the trial court did not err in ordering him to serve the entirety of his suspended sentence because of a probation violation.

Philip G. Yeary v. State of Indiana (NFP)
78A01-1111-CR-528
Criminal. Affirms denial of several motions challenging the authority and impartiality of the senior judge who presided over Yeary’s post-conviction motions.

James H. Privette v. Sherri E. Privette (Morris) (NFP)
30A01-1111-DR-534
Domestic relation. Affirms order James Privette pay Sherri Privette Morris an amount equal to 33 percent of certain pension payments he has received to date and that Morris is entitled to 33 percent of all future pension payments.

Richard Clark Shockley v. Tammie Anne Shockley (NFP)
79A02-1111-PO-1047
Protective order. Affirms in part the issuance of a protective order against Richard Shockley for the protection of his former wife and her fiancé. Reverses the protective order as to Shockley’s teenage daughter.

Laura L. Mosier v. Review Board of the Indiana Department of Workforce Development and Department of Health (NFP)
93A02-1112-EX-1092
Agency appeal. Affirms dismissal by review board of Mosier’s appeal of the decision she was discharged for just cause.

Michael D. McGee v. State of Indiana (NFP)
18A04-1110-CR-566
Criminal. Affirms order revoking home detention and order McGee serve his entire sentence in the Department of Correction.

Ryan Sheckles v. State of Indiana (NFP)
10A04-1108-CR-423
Criminal. Affirms convictions of and sentence for two counts of murder.

Damien Townsend v. State of Indiana (NFP)
71A05-1109-CR-471
Criminal. Affirms conviction of Class B felony burglary.

Cornelio Martinez v. State of Indiana (NFP)
12A02-1111-CR-1023
Criminal. Affirms conviction of Class D felony operating a vehicle while intoxicated and determination that Martinez is a habitual controlled substance offender.

John R. Vicars v. State of Indiana (NFP)
84A01-1109-CR-403
Criminal. Affirms sentence following guilty plea to Class B felony dealing in methamphetamine.

The Indiana Supreme Court denied transfer to 15 cases for the week ending May 25.
 

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  1. IF the Right to Vote is indeed a Right, then it is a RIGHT. That is the same for ALL eligible and properly registered voters. And this is, being able to cast one's vote - until the minute before the polls close in one's assigned precinct. NOT days before by absentee ballot, and NOT 9 miles from one's house (where it might be a burden to get to in time). I personally wait until the last minute to get in line. Because you never know what happens. THAT is my right, and that is Mr. Valenti's. If it is truly so horrible to let him on school grounds (exactly how many children are harmed by those required to register, on school grounds, on election day - seriously!), then move the polling place to a different location. For ALL voters in that precinct. Problem solved.

  2. "associates are becoming more mercenary. The path to partnership has become longer and more difficult so they are chasing short-term gains like high compensation." GOOD FOR THEM! HELL THERE OUGHT TO BE A UNION!

  3. Let's be honest. A glut of lawyers out there, because law schools have overproduced them. Law schools dont care, and big law loves it. So the firms can afford to underpay them. Typical capitalist situation. Wages have grown slowly for entry level lawyers the past 25 years it seems. Just like the rest of our economy. Might as well become a welder. Oh and the big money is mostly reserved for those who can log huge hours and will cut corners to get things handled. More capitalist joy. So the answer coming from the experts is to "capitalize" more competition from nonlawyers, and robots. ie "expert systems." One even hears talk of "offshoring" some legal work. thus undercutting the workers even more. And they wonder why people have been pulling for Bernie and Trump. Hello fools, it's not just the "working class" it's the overly educated suffering too.

  4. And with a whimpering hissy fit the charade came to an end ... http://baltimore.cbslocal.com/2016/07/27/all-charges-dropped-against-all-remaining-officers-in-freddie-gray-case/ WHISTLEBLOWERS are needed more than ever in a time such as this ... when politics trump justice and emotions trump reason. Blue Lives Matter.

  5. "pedigree"? I never knew that in order to become a successful or, for that matter, a talented attorney, one needs to have come from good stock. What should raise eyebrows even more than the starting associates' pay at this firm (and ones like it) is the belief systems they subscribe to re who is and isn't "fit" to practice law with them. Incredible the arrogance that exists throughout the practice of law in this country, especially at firms like this one.

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