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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
49A02-1105-CR-522
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
33A04-1106-CC-317
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
92A03-1105-CT-208
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)
79A04-1110-JT-625
Juvenile. Affirms termination of parental rights.

Michael Rimschneider v. State of Indiana (NFP)
79A05-1105-CR-414
Criminal. Affirms denial of request to withdraw guilty plea.

Rodney D. Bledsoe v. State of Indiana (NFP)
48A02-1105-CR-442
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)
49A04-1108-PC-424
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)
76A03-1107-DR-398
Domestic relation. Affirms division of marital property and denies Brenda Sanders’ request for appellate attorney fees.

Jamal Rasheed Southern v. State of Indiana (NFP)
45A03-1107-CR-298
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)
49A02-1110-DR-932
Domestic relation. Dismisses appeal of magistrate’s entry regarding child support modification.

LBJA Investments, LLC v. Brian Kamuf and William K. Saalwaechter (NFP)
74A05-1105-PL-307
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)
45A04-1110-CR-517
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)
57A03-1108-JT-374
Juvenile. Affirms termination of parental rights.

 

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  1. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

  2. Don't we have bigger issues to concern ourselves with?

  3. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  4. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  5. Different rules for different folks....

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