ILNews

Opinions April 28, 2011

April 28, 2011
Keywords
Back to TopE-mailPrintBookmark and Share

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.

 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

ADVERTISEMENT