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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. "associates are becoming more mercenary. The path to partnership has become longer and more difficult so they are chasing short-term gains like high compensation." GOOD FOR THEM! HELL THERE OUGHT TO BE A UNION!

  2. Let's be honest. A glut of lawyers out there, because law schools have overproduced them. Law schools dont care, and big law loves it. So the firms can afford to underpay them. Typical capitalist situation. Wages have grown slowly for entry level lawyers the past 25 years it seems. Just like the rest of our economy. Might as well become a welder. Oh and the big money is mostly reserved for those who can log huge hours and will cut corners to get things handled. More capitalist joy. So the answer coming from the experts is to "capitalize" more competition from nonlawyers, and robots. ie "expert systems." One even hears talk of "offshoring" some legal work. thus undercutting the workers even more. And they wonder why people have been pulling for Bernie and Trump. Hello fools, it's not just the "working class" it's the overly educated suffering too.

  3. And with a whimpering hissy fit the charade came to an end ... http://baltimore.cbslocal.com/2016/07/27/all-charges-dropped-against-all-remaining-officers-in-freddie-gray-case/ WHISTLEBLOWERS are needed more than ever in a time such as this ... when politics trump justice and emotions trump reason. Blue Lives Matter.

  4. "pedigree"? I never knew that in order to become a successful or, for that matter, a talented attorney, one needs to have come from good stock. What should raise eyebrows even more than the starting associates' pay at this firm (and ones like it) is the belief systems they subscribe to re who is and isn't "fit" to practice law with them. Incredible the arrogance that exists throughout the practice of law in this country, especially at firms like this one.

  5. Finally, an official that realizes that reducing the risks involved in the indulgence in illicit drug use is a great way to INCREASE the problem. What's next for these idiot 'proponents' of needle exchange programs? Give drunk drivers booze? Give grossly obese people coupons for free junk food?

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