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Opinions Oct. 1, 2012

October 1, 2012
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7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.

Indiana Supreme Court and Tax Court posted no opinions by IL deadline.

Indiana Court of Appeals

Scott F. West v. State of Indiana
11A01-1203-CR-123
Criminal. Orders discharge of marijuana charges because West was held to answer those charges for more than a year without a trial date while a motion to suppress awaited a ruling. West did not request an indefinite continuance such that he needed to notify the court that he wished to proceed to trial.

Michael D. Wood v. State of Indiana (NFP)
35A02-1204-CR-285
Criminal. Affirms trial court’s recommendation of a two-year driving privilege suspension following conviction of Class A misdemeanors possession of marijuana, possession of paraphernalia, and operating a vehicle with 0.15 or more blood alcohol content.

Acuity Mutual Insurance Company v. American Family Mutual Insurance Company, et al. (NFP)
71A05-1203-PL-101
Civil plenary. Reverses grant of American Family’s motion, in which the trial court concluded that the nephew of the owner of the van was entitled to coverage under Acuity’s policy and that Acuity was his primary insurer. Remands with instructions to enter summary judgment in Acuity’s favor.

In the Matter of the Civil Commitment of F.L. v. Wishard Health Services, Midtown Community Mental Health Center (NFP)
49A02-1202-MH-130
Mental health. Affirms civil commitment requiring F.L. to receive outpatient treatment.

Robert L. Peals v. Indiana State University and its Board of Trustees (NFP)
84A01-1110-PL-451
Civil plenary. Affirms judgment in favor of Indiana State University and its board of trustees on Peals’ breach of implied contract claim.
 

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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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