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Opinions April 4, 2011

April 4, 2011
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7th Circuit Court of Appeals
United States of America v. Billy L. Hicks
09-3608
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Criminal. Vacates conviction of knowingly distributing more than 50 grams of crack cocaine. The District Court improperly allowed evidence of Hicks' prior drug convictions in violation of Federal Rule of Evidence 404(b). Remands for a new trial.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Meridian Title Corporation v. Gainer Group, LLC
46A03-1006-PL-312
Civil plenary. Reverses denial of Meridian Title Corp.’s motion for summary judgment in Gainer Group's suit based upon Meridian’s alleged failure to properly handle Gainer Group's claim, seeking to recover the litigation expenses and attorney fees it incurred prior to Lawyers Title’s acceptance of its claim. Meridian had an extended duty to advise Gainer Group regarding coverage, and it fulfilled that duty.

Robert Arnold v. State of Indiana (NFP)
49A04-1008-CR-510
Criminal. Affirms convictions of two counts of Class A felony child molesting.

Michael L. Spencer v. State of Indiana (NFP)
35A04-1009-CR-601
Criminal. Affirms convictions of two counts of Class A felony dealing in a schedule I, II, or III controlled substance.

Edwin Blinn, Jr. v. Robert Hammerle and Hammerle & Cleary (NFP)
49A02-1006-CT-634
Civil tort. Affirms summary judgment in favor of Hammerle on Blinn’s claims of malpractice and unjust enrichment. Judge May dissents.

Athena Jackson v. State of Indiana (NFP)
49A02-1006-CR-767
Criminal. Affirms conviction of Class D felony theft.

Term. of Parent-Child Rel. of B.F., et al.; E.C.F. v. I.D.C.S. (NFP)

71A03-1008-JT-608
Juvenile. Affirms termination of parental rights.

Elkhart General Hospital v. Doris Williams (NFP)
20A05-1007-CT-467
Civil tort. Affirms order denying Elkhart General Hospital’s motion to correct error after a jury trial resulted in a verdict in favor of Williams, individually and as the administratrix of the estate of Ben Williams Sr.

Larry E. Webb Construction, et al. v. Theresa Burns (NFP)
45A04-1011-PL-685
Civil plenary. Reverses summary judgment in favor of Burns’ claim under the Indiana Wage Payment Act and awarding her nearly $7,000 in damages. Remands with instructions to enter an order granting summary judgment in favor of Eclipse and proceed to trial regarding the claims against Webb Construction and, following trial, recalculate the amount of attorney fees, if any, to which Burns is entitled.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court granted one transfer and denied 16 for the week ending April 1.
 

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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