ILNews

Opinions May 9, 2011

May 9, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Johnnie Stokes v. State of Indiana
49A04-1009-CR-578
Criminal. Affirms 44-year aggregate sentence for Class B felonies robbery, attempted robbery, and unlawful possession of a firearm, and Class C felony criminal recklessness. The trial court did not abuse its discretion in considering Stokes’ 2001 dealing in cocaine conviction and evidence of his extensive criminal record to enhance his sentences for his other present offenses. His sentences also do not violate the double jeopardy clause of the Indiana Constitution.

Brian E. Connell v. State of Indiana (NFP)
27A04-1010-CR-642
Criminal. Affirms convictions of and sentence for two counts of Class B felony burglary, Class C felony carrying a handgun without a license, two counts of Class D felony theft, Class D felony resisting law enforcement, Class A misdemeanor possession of marijuana, and adjudication as a habitual offender.  

Jennings Daugherty v. State of Indiana (NFP)
89A01-1010-CR-520
Criminal. Affirms convictions of and sentence for Class D felony intimidation, Class D felony operating a motor vehicle while intoxicated, two counts of Class B felony possession of a firearm by a serious violent felon, and adjudication as a habitual offender.

Richard Cunningham v. Sandra Rains (NFP)
24A01-1011-PO-628
Protective order. Affirms issuance of protective order in favor of Rains.

Ryan Leon Stamm v. State of Indiana (NFP)
48A04-1011-CR-727
Criminal. Affirms convictions of and sentence following a guilty plea to felony murder, Class D felony resisting law enforcement, Class A misdemeanor criminal recklessness, and Class C felony carrying a handgun without a license.

George W. Wilson v. State of Indiana (NFP)
82A05-1007-PC-498
Post conviction. Affirms denial of petition for post-conviction relief.

Joseph James v. State of Indiana (NFP)
46A05-1008-CR-530
Criminal. Affirms sentence following guilty plea to Class C felony stalking.


Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court granted two transfers and denied 18 for the week ending May 6.
 

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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