Opinions Oct. 2, 2012

October 2, 2012
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7th Circuit Court of Appeals posted no opinions by IL deadline.

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

Indiana Court of Appeals

Moise Joseph v. State of Indiana
Criminal. Reverses convictions of Class A felony burglary resulting in serious bodily injury, Class B felony attempted armed robbery and Class B felony criminal confinement. The trial court abused its discretion in admitting Joseph’s statements to the police detective.

Willie Bigsbee v. State of Indiana
Criminal. Affirms two convictions of Class A felony dealing in cocaine. Finds trial court did not err in overruling Batson objections, and there is sufficient evidence to support the convictions.

Brian Yost v. Wabash College, Phi Kappa Psi Fraternity, Inc., Phi Kappa Psi Fraternity - Indiana Gamma Chapter at Wabash College, and Nathan Cravens
Civil tort. Affirms summary judgment in favor of Wabash and the Phi Kappa Psi defendants in Yost’s suit seeking compensatory and punitive damages after he was injured by his fraternity brothers. The defendants did not breach any duty owed to Yost and finds Yost was not a victim of hazing under the state’s anti-hazing statute or of other foreseeable criminal conduct. Judge Vaidik concurs in part and dissents in part.

Raymond C. Tisdale v. Christine M. (Tisdale) Bolick (NFP)
Domestic relation. Reverses order in which the court determined that it lacked jurisdiction to consider Raymond Tisdale’s petition to modify child support. Remands with instructions to hold a hearing.

Douglas Thompson v. State of Indiana (NFP)
Criminal. Affirms conviction and sentence for felony murder.

Lora L. Karr v. State of Indiana (NFP)
Criminal. Affirms denial of pretrial motion to suppress.

Scott J. Welton v. State of Indiana (NFP)
Criminal. Affirms convictions of Class A misdemeanor resisting law enforcement and Class B misdemeanor disorderly conduct.

Garrett Andrew Plumlee v. State of Indiana (NFP)
Criminal. Affirms sentence for Class D felony criminal recklessness.

Herbert Preasha v. State of Indiana (NFP)
Criminal. Reverses denial of motion to have certain items seized at the time of Preasha’s arrest returned to him. Remands with instructions.

Tracy A. Lawrence v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony theft.

Arthur J. Bryant v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.


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  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. 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.

  4. 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.

  5. 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.