ILNews

Opinions Oct. 26, 2012

October 26, 2012
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Indiana Supreme Court and Indiana Tax Court released no opinions by IL deadline Friday.

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

Indiana Court of Appeals
In Re the Involuntary Term. of the Parent-Child Rel. of A.P.: T.P. v. The Indiana Dept. of Child Services and Child Advocates, Inc. (NFP)
49A02-1201-JT-28
Juvenile termination of parental rights. Affirms termination of father’s parental rights.

Dennis Adkins v. Judy Saunders, Individually and d/b/a Prevention and More Herbs (NFP)
68A04-1203-CT-103
Civil tort. Affirms trial court’s grant of summary judgment and award of attorney fees in favor of Saunders and the business on Adkins’ negligence claim.

Matt D. Niblick v. State of Indiana (NFP)
90A04-1203-CR-132
Criminal. Affirms sentence for one count of Class B felony dealing in methamphetamine.

Melissa Krodel v. Douglas Krodel (NFP)
55A01-1201-DR-34
Domestic relation. Affirms award of physical and legal custody of minor children to father.

V.R. v. State of Indiana (NFP)
49A04-1204-JS-187
Juvenile. Affirms evidence was sufficient to support V.R.’s delinquency adjudication for truancy.

Zane Ziebell v. South Milford Grain Company (NFP)
57A03-1203-CC-89
Civil collection. Affirms denial of Ziebell’s motion for relief from summary judgment in favor of South Milford Grain Co. on its complaint against Ziebell for $15,000 in damages.

Gilbert Brown v. State of Indiana (NFP)
49A02-1204-CR-254
Criminal. Affirms conviction of two counts of Class A misdemeanor battery.

Charles Chulchian v. Rivoli Center for the Performing Arts, Inc., and Indianapolis Eastside Revitalization Corp. (NFP)
49A02-1205-PL-435
Civil Plenary. Dismisses interlocutory appeal of the denial of Chulchian’s verified motion to reconsider or motion to correct errors.

Nyunt Shew v. State of Indiana (NFP)
02A03-1203-CR-134
Criminal. Affirms sentence for Class B felony aggravated battery.
 

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  1. Hmmmmm ..... How does the good doctor's spells work on tyrants and unelected bureacrats with nearly unchecked power employing in closed hearings employing ad hoc procedures? Just askin'. ... Happy independence day to any and all out there who are "free" ... Unlike me.

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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