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Opinions Sept. 4, 2012

September 4, 2012
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7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

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

Indiana Court of Appeals

Nathan S. Berkman v. State of Indiana
45A04-1111-CR-583
Criminal. Affirms conviction of and sentence for murder. The trial court did not abuse its discretion in declaring a witness unavailable or in admitting the deposition testimony of another unavailable witness. Berkman’s sentence is not inappropriate as he had argued.

Hood's Gardens, Inc. v. Jason Young, Craig Mead d/b/a Discount Tree Excavation a/k/a D & E Tree Extraction
29A04-1201-PL-8
Civil plenary. Reverses dismissal of Hood’s Gardens’ declaratory judgment action involving Craig Mead, Jason Young and D&E Tree Extraction seeking to not have to pay workers’ compensation benefits to Young. The exclusivity provisions of the Worker’s Compensation Act did not give the board exclusive jurisdiction to decide the simple contract construction issue raised in the trial court by HG. Remands for further proceedings.
 
Tommi Emerson Winn v. State of Indiana
42A04-1201-CR-49
Criminal. Reverses denial of Winn’s motion for bail bond reduction. While the severity of the 13 charges supports setting the bail at $25,000, the absence of any other factors to suggest Winn is a flight risk means the court should have granted his request to deposit an amount not less than 10 percent of bail under I.C. 35-33-8-3.2(a). Judge Brown concurs in part.

Heather N. Kesling v. Hubler Nissan, Inc.
49A02-1111-CT-1031
Civil tort. Reverses summary judgment to Hubler Nissan on Kesling’s Indiana Deceptive Consumer Sales Act, Indiana Crime Victims Relief Act, and fraud claims. There is a genuine issue of material fact as to whether Hubler made a representation that the car was safe to operate. Judge Friedlander dissents.

Dennis J. Rodenberg v. State of Indiana (NFP)
82A01-1201-CR-10
Criminal. Affirms conviction of Class B felony rape.

Damon T. Payne, Sr. v. State of Indiana (NFP)
02A04-1204-CR-190
Criminal. Affirms sentence imposed for three counts of Class D felony theft.

Charles B. Dietzen v. State of Indiana (NFP)
29A02-1112-CR-1104
Criminal. Affirms order reinstating suspended sentence.

Victoria Yates v. State of Indiana (NFP)
49A02-1202-CR-126
Criminal. Affirms conviction of Class A misdemeanor battery.

Olympia Shellman v. State of Indiana (NFP)
02A04-1201-CR-34
Criminal. Affirms denial of motion to withdraw guilty plea.

James W. Manhart v. State of Indiana (NFP)
16A04-1203-CR-131
Criminal. Affirms denial of petition to convert convictions from Class D felonies resisting law enforcement and operating a vehicle while intoxicated to Class A misdemeanors.

Artrece D. Patterson v. State of Indiana (NFP)
48A05-1112-CR-693
Criminal. Affirms finding of violation and revocation of probation.

Noble Potter v. State of Indiana (NFP)
10A01-1112-CR-619
Criminal. Affirms sentence for Class B felony residential burglary and being a habitual offender.
 

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  1. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  2. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  3. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  4. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  5. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

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