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Opinions Nov. 9, 2011

November 9, 2011
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court had posted no opinions at IL deadline.


Indiana Court of Appeals
In Re: The Paternity of M.F.; N.F. v. J.T.
10A01-1101-JP-15
Juvenile. Reverses portion of the order finding mother N.F. in contempt because she presented a prima facie case that the trial court abused its discretion. Reverses order that mother pay attorney fees based on the contempt finding. Affirms portion of the order that requires N.F. buy a plane ticket for M.F. to visit her father in Florida. Judge Kirsch dissents without opinion.

Timothy Southward v. State of Indiana
49A05-1103-CR-106
Criminal. Affirms conviction of and sentence for possessing material capable of causing bodily injury while incarcerated as a Class C felon. Although the trial court abused its discretion in admitting the Evidence Rule 404(b) evidence based on the intent exception, it does not rise to the level of fundamental error. Finds sufficient evidence to support the conviction and his sentence is not inappropriate.

Roy Hersley v. State of Indiana (NFP)
16A01-1105-CR-210
Criminal. Affirms convictions of and sentence for Class C felony dealing in marijuana, Class D felony theft and two adjudications as a habitual offender.

Indiana Tax Court had posted no opinions at 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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