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Opinions May 5, 2014

May 5, 2014
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The following 7th Circuit Court of Appeals opinion was issued after IL deadline Friday.
Tommy D. Ford v. Bill Wilson, Superintendent
12-3844
Criminal. Affirms denial of habeas petition for Ford, convicted of murder in the 2005 shooting death of Christian Hodge in Gary. The panel ruled Ford wasn’t prejudiced by his attorney’s failure to object to a prosecutor’s comments about the defendant’s failure to testify. Although the Indiana Court of Appeals applied the wrong legal standard in denying post-conviction relief, the weight of the evidence against Ford would have produced the same result had the proper standard been applied. There was no reasonable probability that adequate performance of counsel would have changed the outcome of Ford’s trial.

Indiana Court of Appeals
Victor Mercaldo and Nancy Jenkins, individually and as Parents and Natural Guardians of Kelly P. Mercaldo, Minor Child, Deceased, et al. v. Andrew Hagenow and Alyssa R. Brown (NFP)
64A04-1311-CT-579
Civil tort. Affirms summary judgment in favor of Hagenow.

Justin Malone v. State of Indiana (NFP)
03A01-1307-CR-334
Criminal. Affirms two-year sentence for conviction of Class D felony criminal recklessness.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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  3. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

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