ILNews

Opinions April 8, 2011

April 8, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Samuel D. Raisor, et al. v. Edward O. Carter, et al.
49A05-1010-CT-629
Civil tort. Reverses summary judgment for Jimmie’s Raceway Pub, in which the trial court found the Raisors’ action was barred by the two-year statute of limitations for personal injury actions and the amended complaint couldn’t relate back to the original filing date because Jimmie’s received notice of the action after the expiration of the 120-day period allowed under Ind. Trial Rule 15(C). Jimmie’s wasn’t prejudiced as the owner learned of the suit within the two-year statute of limitations. Assuming the requirements of T.R. 15(C) are otherwise met, the 120-day limit will be applied only to enlarge the applicable statute of limitations.

Gerald W. Sandefur v. State of Indiana
71A05-1009-CR-605
Criminal. Affirms convictions of Class A misdemeanor invasion of privacy and Class D felony battery and remands with instructions to vacate the conviction and sentence for Class A misdemeanor battery. The arresting officer’s testimony fit the excited utterance exception to the hearsay rule, there is sufficient circumstantial evidence to convict Sandefur of battery, but he can’t be convicted of both the misdemeanor and felony on double jeopardy grounds.

Dana Birdin v. Barbara Blakemore (NFP)
49A02-1007-EU-833
Estate unsupervised. Affirms judgment against Birdin in the amount of $9,450 on a conversion claim and more than $75,000 on a replevin claim and order that Birdin pay Blakemore’s attorney fees.

Mark Gregory v. State of Indiana (NFP)
48A02-1009-CR-984
Criminal. Affirms revocation of probation and order Gregory serve his remaining term of approximately 65 years in prison.

Joseph Dixon v. State of Indiana (NFP)
49A04-1008-CR-488
Criminal. Affirms sentence following guilty plea to three counts of Class B felony burglary and one count of Class C felony burglary.

Indiana Tax Court had posted no opinions at IL deadline.

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. 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.

  3. 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.

  4. 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.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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