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Opinions Nov. 8, 2012

November 8, 2012
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Indiana Court of Appeals
Jerome Michael Burton v. State of Indiana
45A03-1201-CR-6
Criminal. Reverses denial of motion to dismiss the charge of failure to register as a sex offender. Remands with instructions. Wallace applies and the ex post facto provision of the Indiana Constitution prevents the application of Indiana’s Sex Offender Registry Act to require Burton, a resident of Indiana, to register as a sex offender for an offense committed in Illinois in 1987.

Jeff Clade v. Hunt Construction Group, Inc. (NFP)
49A02-1206-CT-509
Civil tort. Reverses summary judgment in favor of Hunt Construction Group on Clade’s negligence claim and remands with instructions.

T.B. v. Review Board of the Indiana Dept. of Workforce Development and A.R. (NFP)
93A02-1112-EX-1143
Agency appeal. Affirms denial of request to reinstate appeal.
 
Clay R. Firestone v. State of Indiana (NFP)
32A01-1201-PC-32
Post conviction. Grants petition for rehearing and reaffirms denial of petition for post-conviction relief.

Troy Phillips v. State of Indiana (NFP)
49A04-1203-PC-152
Post conviction. Affirms denial of petition for post-conviction relief.

F.M., Mother v. N.B., Father (NFP)
71A05-1206-JP-291
Juvenile. Reverses denial of motion to continue. Remands for a new hearing.

Brian E. Graves v. State of Indiana (NFP)
16A01-1205-CR-227
Criminal. Affirms conviction of Class B felony escape.

Jason Bond, David Lear and Leslie Bridges, et al. v. Veolia Water Indianapolis, LLC, Veolia Water North America Operating Service, LLC and The City of Indianapolis, Dept. of Waterworks (NFP)
49A02-1202-CC-147
Civil collection. Affirms dismissal of case for unjust enrichment, breach of contract and violation of the Deceptive Consumer Sales Act for lack of subject matter jurisdiction.

Zachary A. Sebastian v. State of Indiana (NFP)
52A02-1205-CR-372
Criminal. Affirms sentence following guilty plea to Class C felonies reckless homicide and carrying a handgun without a license.

The City of Shelbyville, Indiana and Shelbyville Board of Works and Safety v. Frank P. and Shirlene Sundvall (NFP)
73A01-1203-PL-98
Civil plenary. Reverses denial of the city’s motion for summary judgment in an action initiated by the Sundvalls. Remands for further proceedings.

No Indiana opinions were released by the 7th Circuit Court of Appeals prior to IL deadline. The Indiana Supreme Court and Tax Court released no opinions prior to IL deadline.
 

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  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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