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Opinions May 7, 2014

May 7, 2014
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Indiana Supreme Court
Mayor Gregory Ballard v. Maggie Lewis, John Barth, and Vernon Brown
49S00-1311-PL-716
Civil plenary. Reverses partial summary judgment to Maggie Lewis, holding Mayor Greg Ballard is entitled to summary judgment on redistricting ordinance issue. Justices exercise judicial restraint and leave redistricting in the hands of the two branches of local government responsible for the task. Also reverses any order requiring Ballard to pay part of the cost of a master brought in on the issue.

In the Matter of: Christopher E. Haigh 
98S00-0608-DI-317
Discipline. Haigh engaged in conduct in contempt of the Supreme Court by violating the suspension order. He is disbarred effective immediately and must pay $1,000. Any further contempt will likely result in imprisonment.

Indiana Court of Appeals
Shane Beal and The Bar Plan Mutual Insurance Company v. Edwin Blinn, Jr.
27A03-1306-PL-235
Civil plenary. Affirms denial of Beal’s motion for summary judgment, which concluded that a genuine issue of material fact exists as to whether Beal’s representation of Blinn Jr. in a federal criminal case constituted legal malpractice.

John Jacob Venters v. State of Indiana
79A02-1305-CR-481
Criminal. Reverses sentence for operating a vehicle while intoxicated, as a Class D felony, enhanced by the habitual substance offender statute. Remands with instructions to order Venters’ enhanced sentence to run concurrently with his previously enhanced sentences. The trial court erred in ordering the sentence at issue to be served consecutively to his previously entered sentences.

Rahsaan A. Johnson v. State of Indiana
18A02-1304-CR-343
Criminal. Affirms conviction of 14 counts of possession of animals for fighting contests, all as Class D felonies. There is sufficient evidence to support the convictions and they do not violate the double jeopardy clause of the Indiana Constitution.

Johnathon R. Aslinger v. State of Indiana (NFP)
35A02-1303-CR-296
Criminal. Grants rehearing for the limited purpose of ordering a retrial on Aslinger’s conviction for possession of paraphernalia. Affirms original opinion in all respects.

Ricky Allen Cox v. State of Indiana (NFP)
48A02-1308-CR-717
Criminal. Affirms sentence for Class D felony theft and remands for a determination of the credit time to which Cox is entitled.  

J&W Construction, Inc. v. Duffy Tool & Stamping, LTD, LLC, et al. (NFP)
18A02-1309-CT-809
Civil tort. Affirms orders dismissing J&W’s motion for proceeding supplement and its motion to correct error.

Robert F. Petty v. State of Indiana (NFP)
72A05-1305-CR-237
Criminal. Affirms convictions of voluntary manslaughter, Class D felony removal of body from scene and Class D felony obstruction of justice.

Claude F. Hudson v. State of Indiana (NFP)
84A01-1305-CR-197
Criminal. Reverses denial of credit time and remands with instructions to award Hudson credit time from Oct. 15, 2012, to Dec. 27, 2012, when he was confined at a hospital.

Larry Fulbright v. State of Indiana (NFP)
49A02-1309-CR-789
Criminal. Reverses denial of petition to file a belated notice of appeal.

Indiana Tax Court
MedCo Health Solutions, Inc. v. Indiana Department of State Revenue
49T10-1105-TA-35
Tax. Grants the department’s Trial Rule 12(B)(6) motion to dismiss. Medco is not entitled to relief on two claims: that the court should order the department to pay a refund and that advisory letters should be binding in this matter.

The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.

 

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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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