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Opinions Sept. 13, 2012

September 13, 2012
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7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court

An-Hung Yao and Yu-Ting Lin v. State of Indiana
35S02-1112-CR-704
Criminal. Cannot conclude that as a matter of law the defendants engaged in no conduct nor effected any result in Indiana that was an element of either the theft or the counterfeiting charge. The trial court did not abuse its discretion in denying sub silentio Lin’s motion to dismiss for lack of jurisdiction. The defendants’ airsoft gun is a written instrument within the meaning of the statute and therefore reverses the trial court’s dismissal of the counterfeiting charges. The trial court did not abuse its discretion in denying the defendants’ motions to dismiss the theft and corrupt business influence charges.

Indiana Court of Appeals
Cortney L. Schwartz v. Jodi S. Heeter
02A03-1109-DR-401
Domestic relation/Rehearing. Clarifies holding that Jodi Heeter waived her arguments on the motions for modification of support on appeal. She is not entitled to reconsideration of the motions by the trial court.  

Ann L. Miller and Richard A. Miller v. Glenn L. Dobbs, D.O., and Partners in Health

15A05-1108-CT-431
Civil tort. Reverses summary judgment in favor of Dr. Dobbs and Partners in Health. Where, as here, the proposed complaint was delivered or mailed by registered or certified mail to the Department of Insurance within the statute of limitations, but did not contain the filing and processing fees, and the fees were paid shortly after the plaintiffs were informed of their inadvertent failure to pay the fees, such complaints should be determined on their merits. Remands for further proceedings. Judge Brown concurs in result in a separate opinion; Judge Vaidik dissents.

Michael Patrick Knott and Andrew John Knott v. State of Indiana
28A04-1203-PL-122
Civil plenary. Affirms issuance of order of appropriation and appointment of appraisers in the state’s complaint to acquire a portion of the Knotts’ land to construct Interstate 69. The federal statutes upon which the Knotts’ objections depend do not concern the acquisition of property, but are related to collateral issues concerning the interstate project.  

In Re the Adoption of C.R.R. and S.A.R.; W.E.R. v. D.M.T. (NFP)
49A02-1201-AD-45
Adoption. Affirms order granting the petition filed by D.M.T. to adopt C.R.R. and S.A.R.

Carl S. Piatt v. State of Indiana (NFP)
73A01-1202-CR-116
Criminal. Reverses denial of motion to correct erroneous sentence and remands with instructions.

Delon Churchill v. State of Indiana (NFP)
48A02-1111-CR-1108
Criminal. Affirms admission of certain evidence and that there was no prosecutorial misconduct. Affirms Class B felony robbery. Remands with instructions the trial court vacate the four Class B felony confinement convictions and sentences. Judge Bradford dissents.

Parrin J. Garner v. State of Indiana (NFP)
20A03-1110-CR-473
Criminal. Affirms conviction and sentence for Class B felony robbery.

Clay R. Firestone v. State of Indiana (NFP)
32A01-1201-PC-32
Post conviction. Affirms denial of petition for post-conviction relief and remands with instructions to assign the habitual offender enhancement to one of Firestone’s convictions.

Indiana Tax Court posted no opinions at IL deadline.

 

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  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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