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Opinions Sept. 6, 2011

September 6, 2011
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7th Circuit Court of Appeals
Jeffrey William Paul v. Helen J. Marberry, et al.
10-3670
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge William T. Lawrence.
Civil. Reverses District Court’s denial of Paul’s motion to be allowed to proceed in forma pauperis on the grounds that he had three strikes and remands for further proceedings. Since most prisoners litigate their civil claims pro se, they should not be required to speculate on the grounds the judge could or even should have based the dismissal on. Classifying a strike depends on the grounds given for it.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
In Re: The Order of Contempt Against Craig Benson, Martinsville Depot, Inc., and SBS Enterprises, Inc. v. Co-Alliance, LLP
55A04-1010-CC-646
Civil collection. Affirms order finding Benson in contempt. Any error in the verification process of the contempt motion did not affect Benson’s substantial rights. The trial court also had jurisdiction to order him to pay $75,000 to the Morgan County Clerk.  

Clarence T. Hawkins James v. State of Indiana

20A05-1101-CR-61
Criminal. Affirms convictions of Class B felony conspiracy to commit armed robbery, Class B felony burglary, and Class C felony robbery while armed with a deadly weapon. The charges against James were not only alleged as separate and distinct acts; the charges as alleged were proved by separate and distinct evidentiary facts. There is no reasonable possibility the jury relied on the same evidentiary facts to find him guilty of conspiracy to commit armed robbery and robbery while armed with a deadly weapon. The trial court did not err in instructing the jury.

L.R. v. State of Indiana (NFP)
49A05-1101-JV-25
Juvenile. Affirms denial of motion to vacate and set aside juvenile delinquency adjudications.

Keland L. Brown v. State of Indiana (NFP)

34A02-1010-MI-1145
Miscellaneous. Reverses denial of motion to set aside default judgment and remands for the trial court to vacate the entry of default judgment and for further proceedings.

Torin Herbert v. State of Indiana (NFP)

79A02-1010-PC-1080
Post conviction. Affirms denial of petition for post-conviction relief.

Keytron W. Johnson v. Sate of Indiana (NFP)

02A04-1101-PC-45
Post conviction. Affirms denial of motion to correct erroneous sentence.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court has granted three transfers and denied 28 for the week ending Sept. 2.

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  2. 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.

  3. 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.

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

  5. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

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