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Opinions April 25, 2012

April 25, 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

John Ludack v. State of Indiana
49A02-1109-CR-930
Criminal. Affirms convictions of and aggregate 130-year sentence for two counts of Class A felony child molesting and being a habitual offender. Defense counsel, by first asking the detective whether Ludack had admitted the allegations of child molestation during the interview, opened the door to the detective’s testimony that Ludack neither admitted nor denied the allegations of child molesting and just asked to stop speaking. Ludack also failed to prove his sentence is inappropriate.

The Kroger Co. v. WC Associates, LLC, as successor in interest to Metro Acquisitions, LLC
49A05-1108-PL-412
Civil plenary. Affirms summary judgment to WC Associates on its breach of contract claim against Kroger over its modifications of a sign and the trial court properly granted WC’s request for sanctions. Reverses summary judgment on WC’s claims of criminal mischief, criminal trespass and criminal conversion. Kroger did not have criminal intent when it modified the sign pylon. Grants WC’s request for appellate attorney fees only relating to the breach of contract claim. Remands for further proceedings.

D.M. v. State of Indiana (NFP)
49A02-1109-JV-885
Juvenile. Affirms adjudication as a delinquent child for carrying a handgun without a license, a Class A misdemeanor if committed by an adult.

Clarence Moore v. State of Indiana (NFP)
49A05-1109-CR-496
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.

Abraham Patterson v. State of Indiana (NFP)
34A02-1110-CR-1005
Criminal. Affirms conviction of Class D felony theft.

Marsha Spurr v. Robert Spurr (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2012/april/04251201lmb.pdf
29A04-1108-DR-416
Domestic relation. Reverses denial of Marsha Spurr’s motion to correct error, which challenged the dissolution court’s order determining that daughter, S.S., was emancipated for purposes of determining child support owed by Robert Spurr. Chief Judge Robb dissents. Remands for further proceedings.
 

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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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