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Opinions Aug. 4, 2010

August 4, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Wells Fargo Insurance v. Bruce A. Land

48A02-0911-CV-1099
Civil. Affirms Land is entitled to commission on all of his 2005 crop-year policies. By Feb. 2, 2006, the date of Land’s resignation, the sales had been consummated, and his right to the 2005 crop-year commissions had fully accrued, subject only to receipt of the premium payments. The trial court erred by not deducting the amount Land received as commission from JS Crop for his 2005 crop-insurance sales and by allowing him to keep $6,000 paid to him in draw in 2006 because it would be a windfall he’s not entitled to. Land is entitled to attorney fees and appellate attorney fees attributable to his recovery of unpaid wages. Remands with instructions.

Justin Davis v. State of Indiana (NFP)
49A05-1001-CR-6
Criminal. Affirms convictions of murder, two counts of Class C felony robbery, Class C felony attempted robbery, and Class A misdemeanor carrying a handgun without a license.

Aaron D. Ellis v. State of Indiana (NFP)
15A01-1001-CR-56
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.

Jason T. Fabini v. Joanne M. Fabini (NFP)
02A03-1003-DR-152
Domestic relation. Affirms order granting Jason Fabini’s motion to modify child support.

Edward Ray Kind v. State of Indiana (NFP)
79A02-1003-CR-291
Criminal. Affirms sentence following guilty plea to two counts of Class A felony dealing in cocaine, one count of Class A felony possession of cocaine, and one count of Class D felony maintaining a common nuisance.

Robert L. Terry v. State of Indiana (NFP)
49A02-0910-CR-993
Criminal. Grants petition for rehearing for the sole purpose of remanding the case to the trial court for clarification on whether the trial court’s order to suspended Terry’s driving privileges for a fixed period of two years and 90 days was contrary to law.

Indiana Tax Court had posted no opinions at IL deadline.

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  1. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

  2. 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.

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

  4. 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.

  5. 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.

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