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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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  3. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  4. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  5. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

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