Opinions Nov. 1, 2011

November 1, 2011
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7th Circuit Court of Appeals
Rose Acre Farms Inc. v. Columbia Casualty Co. and National Fire Insurance Co. of Hartford
U.S. District Court, Southern District of Indiana, New Albany Division, Judge Sarah Evans Barker.
Civil. Affirms summary judgment for the insurers on whether they have to defend Rose Acre Farms in the antitrust complaint. The suit for which Rose Acre wants a defense makes no claim that the policy could be thought to cover.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Kenny D. Lee v. State of Indiana
Criminal. Reverses conviction of Class A felony possession of cocaine. The portion of the warrant allowing for the search of all vehicles is invalid because of vague language, so all evidence seized pursuant to the invalid language – in this case, Lee’s statements to police after a traffic stop – must be suppressed. The evidence also doesn’t support that Lee knew of the cocaine and had the ability to control it.

P.M.T., Inc. v. Review Board of the Indiana Dept. of Workforce Development and L.A.
Agency appeal. Affirms award of unemployment insurance benefits to L.A. Employer P.M.T.’s attendance policy was unreasonable because it didn’t provide exemptions for verified emergencies nor did it protect employees. L.A.’s absences were the results of circumstances beyond her control.

Term. of Parent-Child Rel. of A.D., A.W.D., A.M.D., and A.L.D.; M.A.P. v. Indiana Dept. of Child Services (NFP)
Juvenile. Affirms termination of parental rights.

Nexus D. Turner v. State of Indiana (NFP)
Criminal. Affirms three-year sentence for Class C felony robbery.

Robert D. Brown v. State of Indiana (NFP)
Criminal. Affirms conviction of and sentence for Class B felony attempted dealing in methamphetamine. Remands for vacation of Class D felony possession of methamphetamine conviction because it was merged without being vacated.

Michael A. Maxie v. State of Indiana (NFP)
Criminal. Affirms conviction of and sentence for battery on a pregnant woman as a Class C felony and Class A misdemeanor interference with reporting a crime.

Ivernon D. Wiseman, Jr. v. State of Indiana (NFP)
Criminal. Affirms 16-year and eight-month sentence for Class C felony criminal confinement, Class D felony residential entry and Wiseman’s habitual offender status.

Indiana Tax Court had posted no opinions at IL deadline.


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  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues