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Opinions Nov. 12, 2013

November 12, 2013
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Indiana Court of Appeals
James Edward Banks, Jr. v. State of Indiana (NFP)
82A01-1301-CR-38
Criminal. Affirms denial of Banks’ motion to correct erroneous sentence.

Bill R. Clark v. State of Indiana (NFP)
20A03-1304-CR-160
Criminal. Affirms trial court’s order for Clark to pay restitution. Clark argued the court did not inquire about his ability to reimburse the state and his landlord for costs associated with cleaning up his meth lab. The COA rules the presentence investigation report indicated Clark would be able to pay and Clark told the trial court he had the means to pay.  

Matthew Townsend v. Lyvonda Townsend (NFP)
31A04-1303-DR-133
Domestic relation. Affirms trial court’s decision to award sole legal and primary physical custody Townsend’s son, E.T., to the boy’s mother.

Derek Lee Morris v. State of Indiana (NFP)
49A02-1304-CR-367
Criminal. Affirms denial of Morris’ petition for educational credit time.

John R. Tyrrell v. State of Indiana (NFP)
29A02-1301-PC-11
Post conviction. Affirms post-conviction court’s denial of Tyrrell’s petition for post-conviction relief.

Larry Harris v. State of Indiana (NFP)
49A04-1211-CR-584
Criminal. Affirms 45-year sentence for one county of Class A felony child molesting.

Mitchell A. Barnes v. State of Indiana (NFP)
84A01-1304-CR-281
Criminal. Affirms aggregated nine-year sentence in exchange for pleading guilty to three counts of Class D felony theft.

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

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  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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