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Opinions July 8, 2013

July 8, 2013
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7th Circuit Court of Appeals
Cincinnati Life Insurance Company v. Marjorie Beyrer
12-2365
Civil plenary. Affirms District Court rulings against Marjorie Beyrer, widow of Kevin Beyrer, in a life insurance dispute. The court found no merit on the issues she appealed after she failed to be awarded proceeds from her husband’s life insurance policy that was assigned to a third party. Dismissal of some claims for failing to comply with federal pleading standards and summary judgment in favor of Cincinnati Life on other claims was not an abuse of discretion, the court ruled.

Indiana Court of Appeals
Jason J. Klinker v. State of Indiana (NFP)
08A05-1301-CR-26
Criminal. Affirms trial court’s sentence of three years for Class D felony escape.

In Re: Paternity of B.B.; M.B. v. Y.M.M. (NFP)
71A04-1208-JP-447
Juvenile Paternity. Affirms juvenile court’s finding that M.B., the father, was in contempt for failing to pay certain childcare expenses and that, Y.M.M., the mother, was not in contempt of any court order regarding visitation.

Tharl Pinkston v. State of Indiana (NFP)
38A02-1210-CR-829
Criminal. Affirms trial court’s revocation of Pinkston’s probation.

Jeffrey Bowles v. State of Indiana (NFP)
12A02-1208-CR-654
Criminal. Affirms Bowles’ conviction for Class D felony domestic battery.

Edwin Valladares v. State of Indiana (NFP)
49A04-1211-CR-568
Criminal. Affirms Valladares’ convictions following a bench trial for five counts of Class A felony child molesting, two counts of Class C felony child molesting, and one count of Class B misdemeanor voyeurism.

Daniel Paul Foster v. State of Indiana (NFP)

53A01-1209-CR-414
Criminal. Affirms trial court’s sentencing of Foster to an aggregated 26 years executed in the Department of Correction: 20 years for Class B felony aggravated battery, three years each for the two counts of Class D felony battery resulting in bodily injury to a penal facility employee (to be served consecutively to each other and to the 20 year sentence for Class B felony aggravated battery), and one year for Class A misdemeanor criminal mischief (to be served concurrently to the other sentences).

In Re The Guardianship of Carlton H. Word; Timothy W. Word and Tracy L. Wise v. Rance Buehrer, Guardian of Carlton H. Word (NFP)
76A03-1209-GU-395
Guardianship. Affirms trial court’s judgment that under the terms of the June 4, 1998, second amendment to Carlton’s trust, the Zimmerman Farm must be distributed as part of the trust residuary, rather than as a specific bequest under the trust or pursuant to an undelivered, unrecorded deed.

Christopher Long v. State of Indiana (NFP)
71A03-1211-CR-480
Criminal. Affirms post-conviction court’s denial of Long’s petition for post-conviction relief.

Terrence Boyd v. State of Indiana (NFP)
49A05-1210-CR-498
Criminal. Affirms Boyd’s conviction, after a bench trial, for battery as a Class B misdemeanor.

Benjamen Benjamen v. State of Indiana (NFP)
49A04-1210-CR-524
Criminal. Affirms Benjamen’s conviction for resisting law enforcement, a Class A misdemeanor.

The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline.

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  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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