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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. Welcome to Hendricks County where local and state statutes (especially Indiana Class C misdemeanors) are given a higher consideration than Federal statues and active duty military call-ups.

  2. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  3. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  4. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  5. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

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