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Opinions June 4, 2014

June 4, 2014
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The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:
Bruce Ryan v. State of Indiana
49S02-1311-CR-734
Criminal. Affirms two convictions of Class C felony sexual misconduct with a minor, finding no fundamental error by prosecutor’s statements during closing argument. The prosecutor improperly urged the jury to convict Ryan for reasons other than his guilt, but his failure to contemporaneously object and enable the trial court to take corrective action results in procedural default on his appellate claim.

Wednesday’s opinions
Lori Nicklas v. Von Tobel Corporation, Individually, and d/b/a Von Tobel Lumber; and Von Tobel Lumber Company, Inc.
64A03-1310-CC-429
Civil collection. Affirms summary judgment in favor of Von Tobel Corp. and the denial of Nicklas’ motion for summary judgment on the company’s action to recover money owed on a promissory note executed by Nicklas and her husband. An agreed judgment against one obligor does not merge and extinguish the obligation of another person jointly and severally liable on the same contract, so Van Tobel was free to seek a judgment against Lori Nicklas after an agreed judgment with Shawn Nicklas had been entered.

In the Matter of the Supervised Estate of Mildred Borgwald, Deceased v. Old National Bank and Raelynn Pound
84A01-1302-ES-80
Estate, supervised. Affirms decision in favor of Old National Bank and Pound, entitling the bank to foreclose on the mortgage and equity line of credit against the estate. The trial court properly excluded the testimony of the estate’s proffered expert witness, Dr. Robert Lalouche pursuant to Evid. R. 702; the estate was not denied the opportunity to make an offer of proof regarding Lalouche’s anticipated testimony; the trial court did not abuse its discretion by admitting redacted, certified copies of medical records; and ONB’s mortgage was not invalidated.

Michael W. Palmby v. Karen M. Palmby
32A04-1310-DR-506
Domestic relation. Affirms denial of Michael Palmby’s verified petition for revocation of spousal maintenance. The trial court did not abuse its discretion when it denied his request and instead modified the payment terms of the accumulated rehabilitative maintenance.

Indiana Insurance Company v. Patricia Kopetsky, and KB Home Indiana Inc.
49A02-1304-PL-340
Civil plenary. KB Home has successfully alleged “property damage” caused by an “occurrence” pursuant to the policies and that the policies’ “expected and intended” and “contractual liability” exclusions do not work to bar coverage in this case. However, the designated evidence generates a question of fact as to whether the known loss doctrine works to bar coverage in this case, and so remands for trial on that question only. Reverses the trial court’s determination that Indiana Insurance is obligated to indemnify Kopetsky as a question not yet ripe for adjudication and affirms that the trial court did not err in granting summary judgment in favor of Indiana Insurance on her bad faith counterclaim.

Marilee Garrison v. State of Indiana (NFP)
82A04-1312-CR-599
Criminal. Affirms conviction and sentence for Class C felony conspiracy to commit theft.

Shemika L. Boyd v. Review Board of the Indiana Department of Workforce Development and Amazon Com INDC, LLC (NFP)
93A02-1310-EX-886
Agency action. Affirms decision that Boyd is ineligible for unemployment benefits.

Corday C. Dixon v. State of Indiana (NFP)
20A03-1311-CR-448
Criminal. Affirms convictions and sentence for two counts of Class C felony child molesting and one count of Class A felony child molesting.

Dennis Daniels v. State of Indiana (NFP)
20A05-1310-CR-517
Criminal. Affirms conviction of Class A misdemeanor criminal recklessness.

Nathan Ferguson and Deanna Ferguson v. Shiel Sexton Company, Inc. d/b/a Shiel Sexton, And WR Dunkin & Son, Incorporated; Lynch, Harrison & Brumleve, Inc.; et al (NFP)
29A02-1310-CT-839
Civil tort. Affirms summary judgment in favor of Shiel Sexton on the Fergusons’ negligence claim.

Aubrey Thompson v. State of Indiana (NFP)
49A02-1307-CR-606
Criminal. Reverses conviction of Class B misdemeanor public intoxication.

Jason Severs v. State of Indiana (NFP)
84A05-1310-CR-527
Criminal. Affirms sentence for securities fraud as a Class B felony, unlawful acts related to offer of sale of a security as a Class C felony and violating broker-dealer registration requirements as a Class C felony.

Jacob Lutz v. State of Indiana (NFP)
15A01-1310-CR-451
Criminal. Affirms determination that Lutz is a sexually violent predator.

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

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  1. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  2. I agree. My husband has almost the exact same situation. Age states and all.

  3. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  4. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

  5. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

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