Opinions Oct. 24, 2012

October 24, 2012
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7th Circuit Court of Appeals posted no opinions at IL deadline.

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

Indiana Court of Appeals

Leslie Ann Grider v. State of Indiana
Criminal. Reverses 19-year sentence following guilty pleas to two counts of Class C felony forgery, four counts of Class D felony theft, and two counts of Class D felony check fraud. The language of the plea agreement indicates the parties’ intention that the trial court would impose concurrent sentences on all counts regardless of the separate cause numbers. Orders Grider’s sentences to be concurrent for a total of eight years.

Rick Singleton, et al. v. Fifth Third Bank
Mortgage foreclosure. Reverses ruling in favor of Fifth Third Bank on its renewed motion for entry of agreed final judgment. Based upon the forbearance agreement and a directive to wire funds to make the final payment, Singleton’s payment was not untimely and did not constitute a termination event under the forbearance agreement. Remands for further proceedings.

Harry E. Knauff, Jr. and Carolyn R. Knauff v. Nathan T. Hovermale and Sarah E. Hovermale
Civil plenary. Affirms judgment quieting title in certain real property in the names of the Hovermales following a bench trial. The Knauffs didn’t show that the trial court clearly erred when it concluded that they failed to establish the control element of adverse possession. Judge Kirsch dissents without opinion.

Lonnie D. Covey v. State of Indiana (NFP)
Criminal. Affirms conviction and sentence for Class C felony forgery.

Lamar Herron, Jr. v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class B felony dealing in cocaine.

Joshua C. Johnson v. State of Indiana (NFP)
Criminal. Affirms convictions and sentence for five counts of child molesting, three as Class A felonies and two as Class C felonies; one count of Class C felony child exploitation; one count of Class D felony possession of child pornography; and two counts of Class D felony dissemination of matter harmful to minors.

Robert V. Kirts v. State of Indiana (NFP)
Criminal. Affirms convictions of Class C felonies operating a vehicle while intoxicated resulting in death and failure to stop after an accident resulting in death.



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  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues