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Opinions April 4, 2014

April 4, 2014
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7th Circuit Court of Appeals
The following opinion was issued after IL deadline Thursday.

United States of America v. Lori Hargis
12-2153
Criminal. Affirms 60-month sentence for Lori Hargis’ conviction of conspiracy to use fire to commit wire fraud for her role in recruiting a man to set fire to her home to collect insurance proceeds. Circuit judges rejected Hargis’ argument that the District Court erred when it adjusted her sentence from the guideline range of 15 to 21 months in prison, finding that the judge adequately explained his rationale for imposing sentence.

Indiana Supreme Court
The following opinion was issued after IL deadline Thursday.

Christopher Groce and Tracey Groce v. American Family Mutual Insurance Company, and Michael A. Meek
48S02-1307-CT-472
Civil tort. Affirms trial court grant of summary judgment in favor of defendants that also was affirmed by the Court of Appeals. Applying Filip v. Block, 879 N.E.2d 1076 (Ind. 2008), justices held the trial court properly granted summary judgment in the Groce’s negligence claim because their homeowner’s insurance policy failed to cover full replacement value after a 2007 fire. While the claim was filed less than two years after the fire, justices held that in the exercise of ordinary diligence in reviewing their homeowner’s insurance policy, the Groces could have timely discovered that the company's replacement cost liability was capped at the dwelling loss coverage limit no later than the date of their first policy renewal in 2003.

Indiana Court of Appeals
Bruce E. Phillips v. State of Indiana (NFP)
47A01-1304-CR-148
Criminal. Affirms convictions and aggregate 16-year sentence for Class B felony conspiracy to commit dealing in methamphetamine and Class D felony possession of chemical reagents or precursors with intent to manufacture controlled substances.

Corey Coleman v. State of Indiana (NFP)
49A02-1307-CR-594
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.

In re: the Grandparent Visitation of C.S.N.: Brooke Neuhoff v. Scott A. Ubelhor and Angela S. Ubelhor (NFP)
19A05-1311-MI-542
Miscellaneous. Stays trial court order granting visitation with minor child to parental grandparents and retains jurisdiction. Remands to the trial court with instructions to issue new findings and conclusions within 30 days. Grandparent visitation is suspended pending review.

Shawna Gallagher v. Jacob Gallagher (NFP)
37A03-1308-DR-342
Domestic. Reverses order modifying physical custody of minor children in favor of father, Jacob Gallagher, finding the trial court erred because there was no substantial change in circumstance.

In re: the Marriage of: Carrie A. Chapman v. Stephen L. Chapman (NFP)
02A05-1307-DR-343
Domestic. Affirms award of child support.

The Indiana Supreme Court and  Tax Court issued no opinions by IL deadline Friday. The 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Friday.
 

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  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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