Opinions Oct. 19, 2012

October 19, 2012
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Indiana Supreme Court and Indiana Tax Court posted no opinions by IL deadline Friday.

U.S. 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline Friday.

Indiana Court of Appeals
Rodney Killebrew II v. State of Indiana

Criminal. Reserves a conviction of possession of marijuana after concluding the trial court abused its discretion when it admitted evidence obtained at an illegal traffic stop. The court found the police officer had no grounds to stop the driver because the continuous use of a turn signal is not a traffic violation and the officer’s actions did not fall within his community caretaking function.  

Alton Neville v. State of Indiana
Criminal. Affirms conviction of murder and carrying a handgun without a license, holding that while there was prosecutorial error that included improperly presenting facts not in evidence and improperly inflaming the passions and prejudices of the jury, the improper comments did not rise to the level of fundamental error.

In Re the Marriage of Yan Wolfman v. Estelle Wolfman (NFP)
Domestic relations/divorce. Remands to the trial court to clarify division of assets.

Jeffery Sanders v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony theft and adjuctication as a habitual offender.
Delareco Pacely v. State of Indiana (NFP)
Criminal. Affirms 18-year sentence for three convictions of Class C felony child molesting.

Albert Harris v. State of Indiana (NFP)
Post conviction. Affirms trial court denial of petition for post-conviction relief.

Brandon Boles v. State of Indiana (NFP)
Criminal. Reverses 10-day sentence for failure to complete community service as a requirement of a sentence for a conviction of public intoxication.

Donzahue Pearson v. State of Indiana (NFP)
Criminal. Affirms denial of motion to dismiss Class D felony charge of sex offender who failed to possess valid identification.  

Dean Eric Blanck v. State of Indiana (NFP)
Criminal. Affirms 730-day sentence after a guilty plea to charges of Class D felony resisting law enforcement and Class C misdemeanor operating while intoxicated.



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  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues