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Opinions April 24, 2012

April 24, 2012
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Indiana Supreme Court and Indiana Tax Court had posted no opinions by IL deadline.

7th Circuit Court of Appeals had posted no Indiana opinions by IL deadline.

Indiana Court of Appeals

George Clements v. Kimberly Hall and Stanley Harmon
06A04-1106-MI-282
Miscellaneous. Reverses trial court’s award of summary judgment for Kimberly Hall and Stanley Harmon, holding their attorney failed to notify George Clements and his attorney that a motion had been filed. Remands for further proceedings consistent with its opinion.

Shawn A. Keckler, Kari Felda, Special Admin. to the Estate of Ryan S. Holloway, Janice Norman, Dewayne Scott, Timothy J. Boganwright, et al. v. Meridian Security Insurance Company

43A03-1112-PL-551
Civil plenary. Reverses summary judgment in favor of Meridian Security Insurance Company, holding the company failed to prove that a driver who caused a fatal crash had violated an exclusionary clause in the policy. Holds that failing to pay for claims arising from the crash would have drastic consequences for those injured and killed in the crash, and remands for further proceedings.

Delbert Conklin v. Review Board of the Indiana Department of Workforce Development and Carter Express, Inc.
93A02-1109-EX-864
Civil. Reverses finding that Delbert Conklin was not entitled to unemployment benefits because of his momentary loss of consciousness that caused him to veer off the road and damage the truck he was driving for Carter Express, and its contents. Holds that no evidence suggests Conklin is to blame for that incident and he therefore did not breach a duty to Carter and should receive unemployment benefits.

Michael L. Crowe v. State of Indiana (NFP)
89A01-1108-CR-420
Criminal. Affirms sentences for two counts of Class C felony forgery, one count of Class D felony receiving stolen property and Class D felony theft.

Harold W. Reynolds v. State of Indiana (NFP)
48A04-1109-CR-468
Criminal. Affirms trial court’s order that Harold Reynolds serve the remaining 12 months of his previously suspended sentence for violation of his work release requirements.

Releford Green, Jr. v. State of Indiana (NFP)
84A01-1107-CR-320
Criminal. Affirms conviction of Class D felony domestic battery; reverses conviction of Class A misdemeanor battery on double jeopardy grounds and remands with instruction that the trial court vacate the conviction and sentence on that count.

Term. of Parent-Child Rel. of M.B., D.B., and D.S.; M.B. (Mother) v. Indiana Dept. of Child Services (NFP)
30A04-1110-JT-554
Juvenile. Affirms termination of mother’s parental rights.

In Re The Marriage of: Leanne Kathleen Johnson v. Florenzo Johnson (NFP)
49A02-1109-DR-852
Domestic relation. Affirms trial court’s grant of father’s petition to modify joint legal custody, awarding full custody of two children to father.

Indiana Supreme Court accepted no cases on transfer for the week ending April 20.
 

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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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