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Opinions Nov. 7, 2012

November 7, 2012
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Indiana Supreme Court
Michael Kucholick v. State of Indiana
12S02-1211-CR-630
Criminal. Justices grant transfer and order Kucholick’s sentence for Class C felony criminal recklessness and Class B misdemeanor criminal mischief revised to the advisory term of four years, all executed. Summarily affirms Court of Appeals decision in all respects. Chief Justice Dickson dissents, believing the trial court’s sentence of seven years should be affirmed.  

Indiana Court of Appeals
Dennis Larson, Rose Real Estate, Inc., and Diversified Commercial Real Estate v. Peter N. Karagan
45A04-1112-CC-656
Civil collection. Affirms summary judgment for Karagan on his breach of contract and conversion claims as well as the award of treble damages. There are no genuine issues of fact precluding summary judgment. Reverses denial of Karagan’s request for prejudgment interest and remands for a calculation of the amount of interest to which Karagan is entitled.

Fred C. Feitler, Mary Anna Feitler, and the Feitler Family Trust v. Springfield Enterprises, Inc., J. Laurie Commercial Floors, LLC, d/b/a Jack Lauries Floor Designs, JM Woodworking Co.
17A04-1206-PL-297
Civil plenary. Reverses summary judgment in favor of the subcontractors on the question of the Feitlers’ personal responsibility, as that issue should go to trial. Agrees that neither J. Laurie Commercial Floors nor JM Woodworking can hold a mechanic’s lien against the real estate on which Fred and Mary Anna Feitler were building a home.

Cornelius Hooten v. State of Indiana (NFP)
49A02-1204-CR-266
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.

Cameron Williams v. State of Indiana (NFP)
49A04-1109-PC-502
Post conviction. Affirms denial of petition for post-conviction relief.

John Salter v. State of Indiana (NFP)
27A02-1203-CR-275
Criminal. Dismisses appeal of conviction following guilty plea.

In the Matter of C.C., (Minor Child), a Child in Need of Services; M.W., Mother v. Indiana Dept. of Child Services, Child Advocates, Inc. (NFP)
49A04-1203-JC-127
Juvenile. Affirms adjudication of 17-year-old C.C. as a child in need of services.

In the Matter of the Parent-Child Rel. of: K.E.G.-H. and D.G. v. The Indiana Dept. of Child Services (NFP)
51A01-1204-JT-174
Juvenile. Affirms termination of parental rights.

LaQuinton Leonard v. State of Indiana (NFP)
71A03-1203-CR-128
Criminal. Affirms conviction and sentence for murder.

Cherie Solms v. Michael Solms (NFP)
27A02-1204-PO-279
Protective order. Reverses dismissal of petition for an order of protection against Michael Solms. Remands with instructions.

Brian Gale Waters v. Indiana Real Estate Commission, et al. (NFP)
49A02-1112-MI-1165
Miscellaneous. Reverses and remands with instructions to dismiss Waters’ complaint for lack of subject matter jurisdiction.

Brandon Price v. State of Indiana (NFP)
49A04-1203-CR-154
Criminal. Affirms conviction of Class B felony possession of a firearm by a serious violent felon, reverses public defender fee and remands for further proceedings.

Vincent O. Dates v. State of Indiana (NFP)
84A05-1203-CR-134
Criminal. Affirms conviction of Class A felony dealing in cocaine.

Thomas Dudley and Barbara Dudley v. The Estate of Earl Studtmann (NFP)
46A03-1204-PL-147
Civil plenary. Reverses entry of summary judgment for the estate and remands for further proceedings.

James S. Shidler v. State of Indiana (NFP)
37A05-1204-CR-186
Criminal. Affirms conviction and sentence for Class A felony conspiracy to commit murder.

Adrian Lotaki v. State of Indiana (NFP)
71A03-1106-PC-284
Post conviction. Affirms denial of petition for post-conviction relief.

 

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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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