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Opinions April 16, 2012

April 16, 2012
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7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.


Indiana Court of Appeals
Whiskey Barrel Planters Co., Inc., n/k/a Diggs Enterprises, Inc., Robinson Family Enterprises, LLC, et al. v. American GardenWorks, Inc., and Millennium Real Estate Investment, LLC
04A03-1011-PL-582
Civil plenary. Reverses determination in favor of American GardenWorks and Millennium Real Estate on AGW and MRE’s fraud claims against Whiskey Barrel and judgment for $409,611.24 and attorney fees and costs. The trial court erred in denying Whiskey Barrel’s motion for partial summary judgment on the issue of whether AGW was entitled to loans made to Whiskey Barrel shareholders and on the issue of whether AGW was entitled to 2008 season football tickets to Purdue that were purchased with Whiskey Barrel funds. The trial court erred in determining that AGW acquired the previous owner’s personal property under the terms of the purchase agreement. Remands for the trial court to determine the amount of attorney fees – if any – that are recoverable.

Anthony L. Cole v. State of Indiana (NFP)
73A01-1107-CR-310
Criminal. Remands with instructions to vacate conviction of Class D felony theft. Affirms remaining convictions – Class A felony burglary; Class B felonies criminal confinement and robbery; Class C felony intimidation with a deadly weapon; Class D felony criminal gang activity; and Class A misdemeanor carrying a handgun without a license. Dismisses challenge to habitual offender status.

Michael Earls v. State of Indiana (NFP)
49A02-1108-CR-754
Criminal. Affirms conviction of Class B felony dealing in cocaine.

Jason Russell Richardson v. State of Indiana (NFP)

11A01-1106-CR-278
Criminal. Affirms conviction of Class C felony child molesting.
 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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