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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. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

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