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Opinions April 4, 2014

April 4, 2014
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7th Circuit Court of Appeals
The following opinion was issued after IL deadline Thursday.

United States of America v. Lori Hargis
12-2153
Criminal. Affirms 60-month sentence for Lori Hargis’ conviction of conspiracy to use fire to commit wire fraud for her role in recruiting a man to set fire to her home to collect insurance proceeds. Circuit judges rejected Hargis’ argument that the District Court erred when it adjusted her sentence from the guideline range of 15 to 21 months in prison, finding that the judge adequately explained his rationale for imposing sentence.

Indiana Supreme Court
The following opinion was issued after IL deadline Thursday.

Christopher Groce and Tracey Groce v. American Family Mutual Insurance Company, and Michael A. Meek
48S02-1307-CT-472
Civil tort. Affirms trial court grant of summary judgment in favor of defendants that also was affirmed by the Court of Appeals. Applying Filip v. Block, 879 N.E.2d 1076 (Ind. 2008), justices held the trial court properly granted summary judgment in the Groce’s negligence claim because their homeowner’s insurance policy failed to cover full replacement value after a 2007 fire. While the claim was filed less than two years after the fire, justices held that in the exercise of ordinary diligence in reviewing their homeowner’s insurance policy, the Groces could have timely discovered that the company's replacement cost liability was capped at the dwelling loss coverage limit no later than the date of their first policy renewal in 2003.

Indiana Court of Appeals
Bruce E. Phillips v. State of Indiana (NFP)
47A01-1304-CR-148
Criminal. Affirms convictions and aggregate 16-year sentence for Class B felony conspiracy to commit dealing in methamphetamine and Class D felony possession of chemical reagents or precursors with intent to manufacture controlled substances.

Corey Coleman v. State of Indiana (NFP)
49A02-1307-CR-594
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.

In re: the Grandparent Visitation of C.S.N.: Brooke Neuhoff v. Scott A. Ubelhor and Angela S. Ubelhor (NFP)
19A05-1311-MI-542
Miscellaneous. Stays trial court order granting visitation with minor child to parental grandparents and retains jurisdiction. Remands to the trial court with instructions to issue new findings and conclusions within 30 days. Grandparent visitation is suspended pending review.

Shawna Gallagher v. Jacob Gallagher (NFP)
37A03-1308-DR-342
Domestic. Reverses order modifying physical custody of minor children in favor of father, Jacob Gallagher, finding the trial court erred because there was no substantial change in circumstance.

In re: the Marriage of: Carrie A. Chapman v. Stephen L. Chapman (NFP)
02A05-1307-DR-343
Domestic. Affirms award of child support.

The Indiana Supreme Court and  Tax Court issued no opinions by IL deadline Friday. The 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Friday.
 

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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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