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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. Two cops shot execution style in NYC. Was it first amendment protest, or was it incitement to lawlessness? Some are keeping track of the body bags: http://www.breitbart.com/big-government/2014/12/13/al-sharpton-leads-thousands-in-saturday-march-on-washington-dc/

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

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