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Opinions Nov. 30, 2012

November 30, 2012
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Indiana Supreme Court
State of Indiana Ex Rel., Indiana Supreme Court Disciplinary Commission v. Derek A. Farmer
94S00-1103-MS-165
Attorney discipline. Rejected petition to enjoin unauthorized practice of law, holding that the Disciplinary Commission failed to prove that Farmer had engaged in the unauthorized practice of law, and failed to convince the court that Farmer could not have reasonably expected to be authorized for temporary admission due to a pending disciplinary proceeding.

Indiana Court of Appeals
In the Matter of the Adoption of Minor Children: C.B.M. and C.R.M.: C.A.B. v. J.D.M. and K.L.M.
37A03-1204-AD-149
Adoption. Reverses trial court’s denial of birth mother’s petition to set aside the adoption decree and remands for further proceedings, finding that the state’s consent to the adoption of C.B.M. and C.R.M. was arbitrary and capricious and in derogation of the birth mother’s procedural due process right to a meaningful appeal of the termination order, which was overturned prior to the grant of the adoption decree.

Peabody Energy Corp., Peabody Coal Co., LLC, and Black Beauty Coal Co. v. Richard F. Roark and Beelman Truck Co., and North American Capacity Ins. Co.
14A01-1112-CT-555
Civil Tort. Affirms its opinion in all regards to reverse a trial court’s grant of summary judgment to North American Capacity Insurance Co. In its petition for a rehearing, NAC argued the opinion did not explain if it had a duty to indemnify or only a duty to defend. The COA rejected the argument on the grounds it was not raised on appeal.  

Steven Hook, Jr. v. State of Indiana (NFP)
71A03-1204-CR-192
Criminal. Affirms conviction of Class C felony battery with a deadly weapon.

Erich Wilhelmi v. State of Indiana (NFP)
43A05-1204-CR-214
Criminal. Affirms conviction and sentence for three years in prison with two executed for a conviction of Class D felony failure to return to the scene of an accident resulting in serious bodily injury.

In Re: 2009 Marion County Tax Sale Parcel No. 1019054; Darryl W. Finkton, Sr. v. Auditor of Marion County, Treasurer of Marion County, and Indy-East Asset Development Corp. (NFP)
49A02-1201-MI-41
Miscellaneous/tax sale. Affirms reissuance of tax deed to auditor.

Danny G. Young v. State of Indiana (NFP)
82A05-1205-CR-229
Criminal. Affirms concurrent sentence of six years for a conviction of Class C felony forgery and two years each for convictions of Class D felony counts of receiving stolen property and fraud.

Jose Carlos Arce v. State of Indiana (NFP)
88A05-1206-PC-324
Post-conviction relief. Affirms in part, reverses in part and remands to the trial court for a hearing on Arce’s claim of ineffective assistance of counsel.

Siraj Khaja Ahmed v. Asma Saman Ahmed (NFP)
64A03-1204-DR-175
Domestic relations/divorce. Affirms trial court denial of Siraj’s motion to correct error and its grant of Asma’s motion to dismiss.  
 
Alberto R. Melendez Cruz v. State of Indiana (NFP)
45A05-1203-CR-150
Criminal. Affirms conviction of murder.
 

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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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