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Opinions Sept. 25, 2012

September 25, 2012
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Indiana Court of Appeals
Charles Hall v. State of Indiana
13A04-1111-CR-622
Criminal. Affirms conviction and aggregate 24-year sentence for convictions of dealing in methamphetamine, possession of precursors, operating a vehicle after a lifetime suspension, and resisting law enforcement. The court held that a search of the vehicle that Hall fled after leading police on a chase did not implicate the Fourth Amendment and that the sentence was not inappropriate given Hall’s dangerous conduct and long record of driving and drug convictions.

Ray Evans v. Eric L. Thomas
73A04-1112-PO-670
Protective order. Affirms trial court issuance of a protective order against Evans, concluding that the seriousness of the allegations against him warranted swift judicial action, that Evans was not denied an opportunity to retain counsel, and that denial of his request for a continuance was not an abuse of discretion.

R.W. v. State of Indiana
49A02-1112-JV-1187
Juvenile. Reverses a true finding of attempted burglary, a Class B felony, on grounds that the admission of a videotaped confession constituted a fundamental error. Also remanded with instructions for a true finding of criminal mischief, a Class B misdemeanor.

Holly Horst (Greczek) v. State of Indiana (NFP)
45A04-1202-CR-62
Criminal. Affirms sentence for conviction of Class C felony fraud on a financial institution.

Scott Wayne Steele v. State of Indiana (NFP)
36A01-1112-CR-608
Criminal. Affirms revocation of probation. http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2012/september/09251209pdm.pdf

Cary L. Patrick v. State of Indiana (NFP)
45A03-1109-PC-413
Post-conviction relief. Affirms denial of post-conviction relief on four counts of Class A felony attempted murder and one count of Class B felony arson.

Daniel E. Stuckman, Sr. and Daniel E. Stuckman, Jr. v. Kosciusko County Board of Zoning Appeals and the Estate of Gary Stuckman (NFP)
43A03-1202-MI-69
Miscellaneous/zoning. Affirms trial court judgment in favor of the defendants.

Wesley Hood, Sr. v. State of Indiana (NFP)
48A02-1201-CR-30
Criminal. Affirms revocation of placement in home detention.

Matt B. Helmen, M.D. v. Mary and Ronald McDaniel, Individually and as Administrators of the Estate of Christopher L. McDaniel, Deceased, and Phillip Lam, M.D. (NFP)
49A02-1204-CT-327
Civil tort/medical malpractice. Affirms trial court’s denial of motion for change of venue.

M.M. v. State of Indiana (NFP)
49A05-1203-JV-102
Juvenile. Affirms finding that M.M. committed what would have been Class A misdemeanor possession of marijuana if committed by an adult.


 

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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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