Opinions Oct. 21, 2010

October 21, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Brenda Moore v. State of Indiana
Criminal. Reverses conviction of Class B misdemeanor public intoxication. Under the circumstances, Moore was not in a public place and therefore the evidence is insufficient to support a conviction of public intoxication. Judge Vaidik dissents.

Kelly A. Fisher v. Estate of Robert Fisher, et al.
Estate. Reverses judgment in favor of the personal representatives of the Estate of Robert Fisher. The refund of the premium paid for an annuity, which Robert Fisher purchased in the name of the family limited partnership and later re-titled in his name, is the property of the family limited partnership. Orders the annuity premium refund to be deposited with the Fisher Family Limited Partnership.

Hamrick's Diesel Service & Trailer Repair, LLC v. City of Evansville, by and through its Board of Public Works
Civil plenary. Affirms summary judgment for the City of Evansville and dismissal of Hamrick’s case. Since Hamrick had no right to have its bid considered it cannot sustain a legal claim to have been deprived of a contractual right for which it is entitled to damages from the city.

Term. of Parent-Child Rel. of K.G.; A.G. v. Allen County D.C.S. (NFP)

Juvenile. Affirms termination of parental rights.

William Howard v. State of Indiana (NFP)
Criminal. Affirms conviction of Class C felony burglary.

Gary Parsons v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.

Joseph C. Bannon v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class D felony attempted obstruction of justice and Class C felony reckless homicide.

Douglas Griffith v. State of Indiana (NFP)
Criminal. Affirms convictions of domestic battery as a Class D felony and battery as a Class A misdemeanor.

Kristina Byers-Escobedo v. State of Indiana (NFP)
Criminal. Affirms conviction of and sentence for Class A felony neglect of a dependent.

Stacy Price v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A felony dealing in cocaine.

J.H. v. Review Board (NFP)
Civil. Affirms the dismissal of J.H.’s appeal before the Review Board of the Indiana Department of Workforce Development.

James Merket v. State of Indiana (NFP)
Criminal. Dismisses appeal of conviction of impersonation of a public servant as a Class D felony since Merket is now deceased.

Indiana Tax Court had posted no opinions at IL deadline.


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

  2. 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.

  3. 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.

  4. 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.

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