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Opinions Oct. 14, 2011

October 14, 2011
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7th Circuit Court of Appeals had posted no opinions at IL deadline.

Indiana Supreme Court had posted no opinions at IL deadline.


Indiana Court of Appeals
Cedric Tharpe v. State of Indiana
49A04-1101-CR-24
Criminal. Affirms conviction of Class A felony attempted murder. Tharpe didn’t show the judge who presided over his case was biased or prejudiced, nor did he demonstrate his trial was unfair. The trial court didn’t abuse its discretion in denying his motion for continuance and there is sufficient evidence to support his conviction.

Nathan Allyn Richardson v. State of Indiana (NFP)
48A05-1012-CR-757
Criminal. Affirms imposition of three-year executed sentence following revocation of probation.

Amber Easton v. State of Indiana (NFP)
49A02-1103-CR-214
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Matthew Spoonemore v. State of Indiana (NFP)
18A05-1102-CR-64
Criminal. Affirms order that Spoonemore pay Indiana Ticket Company $29,700 in restitution. Remands for the trial court to determine whether it wishes to exercise its discretion and enter judgment as a Class A misdemeanor instead of a Class D felony for theft.

In the Matter of the Term. of the Parent-Child Rel. of: D.Y., and D.H. v. The Indiana Dept. of Child Svcs. and Child Advocates, Inc. (NFP)
49A04-1102-JT-107
Juvenile. Affirms termination of parental rights.

In the Matter of the Term. of the Parent-Child Rel. of H.G.; M.G. and D.G. v. Indiana Dept. of Child Svcs. (NFP)
82A04-1011-JT-730
Juvenile. Affirms termination of parental rights.

T.C. v. State of Indiana (NFP)
49A02-1102-JV-231
Juvenile. Affirms finding of delinquency.

Eugene M. Gray Trust, A-1 Vacuum, Northwest Optical, and Marion County, Indiana v. State of Indiana (NFP)
49A02-1011-PL-1329
Civil plenary. Affirms decision regarding the amount of interest due to the trust as part of an eminent domain action.

Gordon Northrup, Jr. v. State of Indiana (NFP)
79A02-1103-PC-272
Post conviction. Affirms post-conviction court’s denial of petition for post-conviction relief.

Brian Loveall v. Susan (Loveall) Kelly (NFP)
23A01-1102-DR-47
Domestic relation. Affirms grant of mother’s petition for modification of child support.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  2. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  3. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  4. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  5. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

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