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Opinions Nov. 16, 2010

November 16, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Kevin L. Hampton v. State of Indiana
84A04-1002-PC-122
Post conviction. Affirms denial of petition for post-conviction relief. There was no error in omitting the requested sentence and appellate counsel did not fail to provide effective assistance.

State of Indiana v. J.S.
49A02-1004-JV-567
Juvenile. Affirms dismissal of delinquency petition against J.S. after he was found incompetent to stand trial. Given the extensive expert reports finding J.S. incompetent, the juvenile court did not abuse its discretion in finding him incompetent to stand trial. The charges should not remain pending to see if he regains competency before he is 18 and the record reveals his family is aware of his problems and trying to help him.

Vaughn A. Reeves, Jr. v. State of Indiana
77A04-1005-CR-292
Criminal. Affirms in part denial of Reeves’ motion to dismiss 10 counts of Class C felony aiding, inducing, or causing securities fraud. Because a portion of the 10 charging informations, on their face, allege a time period outside the statute of limitations and do not allege facts sufficient to constitute an exception to the statute, the trial court should have granted, in part, Reeves’ motion to dismiss as to these dates that fell outside the statute of limitation. Remands for consideration, as set forth in Indiana Code Section 35-34-1-4(d), of whether the trial court will discharge the defendant as to specific dates or deny the discharge upon determining that the prosecutor would be entitled to cure the information by amendment.

Blake Parkins v. State of Indiana (NFP)
29A02-1002-CR-345
Criminal. Affirms conviction of criminal recklessness with the use of a motor vehicle as a Class A misdemeanor.

Christina Smith v. State of Indiana (NFP)
15A01-1003-CR-153
Criminal. Revises sentence following Smith’s guilty plea to Class C felony reckless homicide and remands for trial court to impose sentence of four years with two years suspended.

Jamarr Da-Juan Williams v. State of Indiana (NFP)
45A03-1001-CR-39
Criminal. Affirms convictions of Class A felony voluntary manslaughter, Class C felony battery, and Class C felony attempted battery.

Jane Marie Burkart v. State of Indiana (NFP)
46A03-0908-CR-385
Criminal. Affirms convictions of and sentence for five counts of Class B misdemeanor abandonment or neglect of vertebrate animals.

Kenneth W. Ellis v. State of Indiana (NFP)
25A03-1007-CR-407
Criminal. Affirms sentence following guilty plea to dealing in cocaine as a Class B felony.

Antonio Simeone, et al. v. Schreiber Lumber, Inc., et al. (NFP)
49A02-1002-CP-177
Civil plenary. Affirms judgment in favor of Dave Beck on negligence and constructive fraud claims, partial summary judgment for Schreiber Lumber, Bova’s counterclaim for breach of contract, and that the evidence supports the trial court judgment.

Jason Montgomery v. State of Indiana (NFP)
17A04-1002-CR-95
Criminal. Affirms sentence following guilty plea to Class B felony burglary.

Michael J. Kempf v. State of Indiana (NFP)
65A01-1003-CR-134
Criminal. Affirms conviction of Class D felony operating a vehicle while an habitual traffic offender.

Raymond Hannah v. State of Indiana (NFP)
48A04-1004-CR-225
Criminal. Affirms sentence following guilty plea to Class C felony nonsupport of a dependent child.

Christopher Martin v. State of Indiana (NFP)
49A04-1003-CR-152
Criminal. Affirms sentence following conviction of Class C felony reckless homicide.

Justin Stanback v. State of Indiana (NFP)
49A05-1004-CR-251
Criminal. Reverses denial of Stanback’s request to file a belated notice of appeal and remands for further proceedings.

Cory R. Dowden v. State of Indiana (NFP)
34A02-1004-CR-562
Criminal. Affirms sentence following guilty plea to Class D felony receiving stolen property.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  2. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  3. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

  4. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  5. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

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