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Opinions May 5, 2011

May 5, 2011
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7th Circuit Court of Appeals
United States of America v. John L. Norris
10-1612
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms denial of motion to suppress evidence. The police officers were acting pursuant to a valid warrant and in a reasonable manner.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Patrick M. McGrath v. Linda S. McGrath
46A03-1008-DR-429
Domestic relation. Reverses valuation of certain real estate property in the decree of dissolution. The trial court abused its discretion in failing to consider the substantial change in value of the property as expressed in the 2009 appraisal report to calculate the total marital assets and distribution of the property. Remand with instructions. Judge Friedlander concurs in result.

Lenn Ivy v. State of Indiana
49A04-1010-CR-662
Criminal. Affirms denial of motion to modify sentence. Ivy may not seek a modification of his sentence under the terms of his plea agreement.

Michael Dewayne Lloyd v. State of Indiana (NFP)
48A02-1011-CR-1390
Criminal. Affirms imposition of previously suspended sentence as a result of work release violations.

Marc A. Bernero v. State of Indiana, et al. (NFP)
49A02-1009-PL-1082
Civil plenary. Affirms summary judgment for the Indiana Secretary of State’s Office and the Indiana Bureau of Motor Vehicles on Bernero’s complaint for declaratory judgment seeking enforcement of the State Employee Appeals Commission’s order rescinding his termination.

Willie Dumes v. State of Indiana (NFP)
49A02-1008-CR-910
Criminal. Affirms conviction of Class C felony operating a motor vehicle after license was forfeited for life and revocation of probation.

L.H. v. D.H. (NFP)
15A04-1009-DR-552
Domestic relation. Affirms trial court did not abuse its discretion when it imputed minimum wage income to both mother and father. Reverses trial court’s retroactively modifying father’s child support obligation to a date prior to the filing of his petition to modify child support. Remands for further proceedings.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

  2. As an adoptive parent, I have to say this situation was as shameful as it gets. While the state government opens its wallet to the Simons and their friends, it denied payments to the most vulnerable in our state. Thanks Mitch!

  3. We as lawyers who have given up the range of First amendment freedom that other people possess, so that we can have a license to practice in the courts of the state and make gobs of money, that we agree to combat the hateful and bigoted discrimination enshrined in the law by democratic majorities, that Law Lord Posner has graciously explained for us....... We must now unhesitatingly condemn the sincerely held religious beliefs of religiously observant Catholics, Muslims, Christians, and Jewish persons alike who yet adhere to Scriptural exhortations concerning sodomites and catamites..... No tolerance will be extended to intolerance, and we must hate the haters most zealously! And in our public explanations of this constitutional garbledygook, when doing the balancing act, we must remember that the state always pushes its finger down on the individualism side of the scale at every turn and at every juncture no matter what the cost to society.....to elevate the values of a minority over the values of the majority is now the defining feature of American "Democracy..." we must remember our role in tricking Americans to think that this is desirable in spite of their own democratically expressed values being trashed. As a secular republic the United States might as well be officially atheist, religious people are now all bigots and will soon be treated with the same contempt that kluckers were in recent times..... The most important thing is that any source of moral authority besides the state be absolutely crushed.

  4. In my recent article in Indiana Lawyer, I noted that grass roots marketing -- reaching out and touching people -- is still one of the best forms of advertising today. It's often forgotten in the midst of all of today's "newer wave" marketing techniques. Shaking hands and kissing babies is what politicians have done for year and it still works. These are perfect examples of building goodwill. Kudos to these firms. Make "grass roots" an essential part of your marketing plan. Jon Quick QPRmarketing.com

  5. Hi, Who can I speak to regarding advertising today? Thanks, Gary

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