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Opinions April 28, 2011

April 28, 2011
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7th Circuit Court of Appeals
Andrew C. Koons v. United States of America
09-3025
U.S. District Court, Southern District of Indiana, Evansville Division, Chief Judge Richard L. Young.
Civil. Affirms denial of Koons’ motion to vacate his guilty plea to being a felon in possession of a firearm. Koons failed to establish that his trial counsel’s performance was constitutionally deficient.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Ben and Elaine Life v. F.C. Tucker Company, Inc., et al.
49A02-1008-CC-931
Civil collections. Affirms denial of the Lifes’ motion to correct error following summary judgment in favor of defendants F.C. Tucker Co. and Tucker Home Link. The Lifes’ response to Tucker’s motion for summary judgment was late and the trial court didn’t err in striking it along with the designation of evidence and attached affidavits. There is no contract between Tucker and the Lifes, so summary judgment for Tucker on the breach of contract claim and negligence claim was appropriate.

Meridian Title Corp., v. Pilgrim Financing, LLC
45A05-1010-CC-613
Civil collection. Affirms judgment in favor of Pilgrim Financing with respect to Pilgrim’s claim that Meridian negligently disbursed the net proceeds from a refinancing transaction. There is sufficient evidence to establish that Meridian held Pilgrim’s payoff letter and partial release in escrow and that Meridian breached its duty to Pilgrim.

Term. of Parent-Child Rel. of I.A., et al.; K.B. v. IDCS (NFP)
02A03-1008-JT-437
Juvenile. Affirms termination of parental rights.

Rodney A. Covington v. State of Indiana (NFP)
48A04-1007-CR-465
Criminal. Affirms revocation of work release and imposition of the balance of Covington’s suspended sentence.

Brandon Lee Johnson v. State of Indiana (NFP)
02A03-1006-CR-367
Criminal. Affirms convictions of and sentence for murder and attempted murder.

Michael Fields v. State of Indiana (NFP)
49A05-1008-CR-480
Criminal. Affirms conviction of Class A misdemeanor possession of paraphernalia.

Kendall D. McGee v. State of Indiana (NFP)
20A03-1010-CR-568
Criminal. Affirms convictions of Class C felony criminal confinement, Class D felony strangulation, Class A misdemeanor battery, and finding that McGee is a habitual offender.

John W. Williams v. State of Indiana (NFP)
49A05-1009-CR-555
Criminal. Affirms conviction of Class D felony criminal recklessness.

Terry Martin v. State of Indiana (NFP)
49A02-1010-CR-1130
Criminal. Affirms conviction of Class A misdemeanor domestic battery.

Mary Maksimik v. SLB Mobil, Inc., et al. (NFP)
64A03-1010-CT-526
Civil tort. Affirms summary judgment in favor of SLB and other defendants in Maksimik’s suit alleging breach of duty of care.

Corey Pannell v. State of Indiana (NFP)
49A04-1008-CR-513
Criminal. Affirms convictions of Class B felony possession of a firearm by a serious violent felon, Class D felony intimidation, and Class D felony criminal recklessness.

Jonathan Grider Jr. v. State of Indiana (NFP)
16A01-1011-CR-599
Criminal. Affirms order revoking probation and ordering Grider to serve the balance of his suspended sentence.

John Bradley IV v. State of Indiana (NFP)
57A03-1009-CR-488
Criminal. Affirms denial of motion to withdraw guilty plea.

Steve A. Thomas v. Phyllis A. Briggs (NFP)
09A04-1007-DR-446
Domestic relation. Affirms order that Thomas pay a child support arrearage.

Carl Hoover v. State of Indiana (NFP)
49A05-1008-CR-519
Criminal. Affirms conviction of Class D felony child seduction, upon which conviction was entered as a Class A misdemeanor.

Anahel A. Amaya v. State of Indiana (NFP)
20A05-1008-CR-598
Criminal. Revises sentence for 10 counts of child molesting as Class A felonies to 60 years.

Scott Wayne Mosby and Shelly M. Mosby (NFP)
62A01-1011-DR-579
Domestic relation. Affirms order that Scott Mosby pay permanent maintenance of $1,000 a month.

Phillip D. Hartsough v. State of Indiana (NFP)
20A03-1006-CR-343
Criminal. Affirms convictions of Class B felony dealing in methamphetamine and Class A misdemeanor resisting law enforcement.

Gale S. Shawyer v. State of Indiana (NFP)
29A04-1007-CR-503
Criminal. Affirms revocation of probation.

Term. of Parent-Child Rel. of D.H., et al.; Y.H. v. IDCS (NFP)
71A03-1009-JT-507
Juvenile. Affirms involuntary termination of parental rights.

R.B. v. Review Board (NFP)
93A02-1004-EX-497
Civil. Affirms denial of unemployment benefits.

Indiana Tax Court had posted no opinions at IL deadline.

 

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  1. I'm not sure what's more depressing: the fact that people would pay $35,000 per year to attend an unaccredited law school, or the fact that the same people "are hanging in there and willing to follow the dean’s lead in going forward" after the same school fails to gain accreditation, rendering their $70,000 and counting education worthless. Maybe it's a good thing these people can't sit for the bar.

  2. Such is not uncommon on law school startups. Students and faculty should tap Bruce Green, city attorney of Lufkin, Texas. He led a group of studnets and faculty and sued the ABA as a law student. He knows the ropes, has advised other law school startups. Very astute and principled attorney of unpopular clients, at least in his past, before Lufkin tapped him to run their show.

  3. Not that having the appellate records on Odyssey won't be welcome or useful, but I would rather they first bring in the stray counties that aren't yet connected on the trial court level.

  4. Aristotle said 350 bc: "The most hated sort, and with the greatest reason, is usury, which makes a gain out of money itself, and not from the natural object of it. For money was intended to be used in exchange, but not to increase at interest. And this term interest, which means the birth of money from money, is applied to the breeding of money because the offspring resembles the parent. Wherefore of an modes of getting wealth this is the most unnatural.

  5. Oh yes, lifetime tenure. The Founders gave that to the federal judges .... at that time no federal district courts existed .... so we are talking the Supreme Court justices only in context ....so that they could rule against traditional marriage and for the other pet projects of the sixties generation. Right. Hmmmm, but I must admit, there is something from that time frame that seems to recommend itself in this context ..... on yes, from a document the Founders penned in 1776: " He has refused his Assent to Laws, the most wholesome and necessary for the public good."

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