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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. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  2. Do you know who the sponsor of the last-minute amendment was?

  3. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

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  5. 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!

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