ILNews

Opinins July 8, 2011

July 8, 2011
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7th Circuit Court of Appeals
John A. Logan v. Donna Wilkins, M.D., et. al.
10-1415
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms decision of district court that Logan is not entitled to amend his initial complaint, holding that he had already been given the opportunity to do so but had not amended.

The Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Stacey R. Huddleston, Jr. v. State of Indiana
20A05-1012-PC-813
Post-conviction relief petition. Reverses murder conviction, holding that while Huddleston had pleaded guilty to murder, he clearly and unequivocally stated during the factual basis colloquy that he did not intend for the victim to be killed, nor did he anticipate that another party would kill the victim.

Doe Corporation v. Lolita C. Honore, et al.
49A05-1007-MI-408
Miscellaneous. Clarifies a previous opinion at the request of Honore.

Kelly Barngrover v. State of Indiana (NFP)
49A02-1011-CR-1270
Criminal. Affirms conviction of Class D felony neglect of a dependent. Reverses conviction for Class A misdemeanor possession of paraphernalia, holding the state had not proved the paraphernalia would have been discovered during a lawful inventory search of Barngrover’s vehicle.

Jason L. Foltz v. State of Indiana (NFP)
57A03-1011-CR-614
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Ashley Storm v. Kyle Storm (NFP)
32A01-1010-DR-535
Divorce resolution. Affirms trial court’s decision to bar Ashley Storm’s boyfriend from contact with her children, citing his prior domestic battery charge. Remands to trial court for recalculation and distribution of marital estate, citing improper valuation of assets and remands for explanation of deviation from parenting time guidelines.

Doe Corporation v. Lolita C. Honore, et al.

49A05-1007-MI-408
Miscellaneous. Clarifies a previous opinion at the request of Honore.

Rollander Enterprises, Inc. and Indy Investments, LLC v. H.C. Nutting Company (NFP)
15A01-1008-CC-430
Collections. Affirms trial court’s judgment in favor of H.C. Nutting Company.

The Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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