Opinions April 23, 2012

April 23, 2012
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7th Circuit Court of Appeals had posted no opinions at IL deadline.

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

Indiana Court of Appeals

Richard Leggs v. State of Indiana
Criminal. Affirms convictions of and sentences for one count of Class B felony criminal confinement and one count each of Class C felony intimidation, Class C felony criminal recklessness, and Class A misdemeanor resisting law enforcement. Reverses one count of Class B felony criminal confinement, due to the continuing crime doctrine and remands for resentencing.

Nathan Abernathy v. Larry Bertram and Keith Broyles
Civil collection. Affirms trial court’s decision to omit the value of Abernathy’s crop insurance policy in the amount of damages it ordered Broyles to pay. Holds the trial court did not err when it denied Abernathy’s conversion claim because he did not prove by a preponderance of the evidence that Broyles and Bertram intended to exercise unauthorized control over Abernathy’s property.

Omni Insurance Group v. Lake Poage, Tonya Poage, Cody Bauer, Jill Bauer, Gary Bauer, and Allstate Insurance Company
Civil tort. Reverses summary judgment in favor of the appellees, holding that a genuine issue of material fact exists as to whether a teen was a resident of his mother’s household at the time of a crash and insured under her auto policy. Remands for trial.

Term. of Parent-Child Rel. of K.L.; P.L. (Father) v. Indiana Dept. of Child Services (NFP)
Juvenile. Affirms termination of parental rights.

Michael Rimschneider v. State of Indiana (NFP)
Criminal. Affirms denial of request to withdraw guilty plea.

Rodney D. Bledsoe v. State of Indiana (NFP)
Criminal. Affirms sentence for Class C misdemeanor operating a vehicle while intoxicated, Class C infraction driving left of center, Class D felony possession of cocaine, and Class A misdemeanor possession of marijuana.

John A. Hawkins v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.

In Re: The Marriage of Brenda S. Sanders and Paul R. Sanders, Paul R. Sanders v. Brenda S. Sanders (NFP)
Domestic relation. Affirms division of marital property and denies Brenda Sanders’ request for appellate attorney fees.

Jamal Rasheed Southern v. State of Indiana (NFP)
Criminal. Affirms denial of request for credit time.

In Re: The Marriage of Noelle Christine Green and Prentiss Lamont Green; Noelle Christine Green v. Prentiss Lamont Green (NFP)
Domestic relation. Dismisses appeal of magistrate’s entry regarding child support modification.

LBJA Investments, LLC v. Brian Kamuf and William K. Saalwaechter (NFP)
Civil plenary. Affirms court’s striking of portions of LBJA Investments’ motion for summary judgment, denial of its motion for summary judgment and grant of summary judgment in favor of Saalwaechter.

Alan Dwayne Gray v. State of Indiana (NFP)
Criminal. Affirms convictions of Class D felonies criminal recklessness and intimidation.

In the Matter of the Term. of the Parent-Child Rel. of A.K., F.C. v. Indiana Department of Child Services (NFP)
Juvenile. Affirms termination of parental rights.



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  1. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  2. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  3. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  4. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  5. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well