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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. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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