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Opinions Aug. 17, 2012

August 17, 2012
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7th Circuit Court of Appeals
Amerisure Insurance Co. v. National Surety Corp. v. Scottsdale Insurance Co.
11-2762, 11-2771
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms breakdown that Amerisure, Scottsdale, and National are liable for $1 million, $1 million and $900,000, respectively, of the $2.9 million settlement a steel worker won after injuring himself on the job. Declines to apply the ‘mend-the-hold’ doctrine in this case, and Amerisure and National were not prejudiced by Scottsdale’s litigation conduct.

Indiana Supreme Court and Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals

Bryan J. Fields v. State of Indiana
20A04-1202-CR-57
Criminal. Affirms trial court denial of Fields’ request to reduce his Class D felony conviction of operating a vehicle while intoxicated to a Class A misdemeanor. In light of Brunner v. State and the plain language used by the Legislature, I.C. 35-38-1-17 does not grant the trial court the authority to reduce a felony conviction to a misdemeanor.  

John Willis v. State of Indiana (NFP)
49A04-1112-CR-654
Criminal. Affirms trial court decision to not inform jury about Willis’ mental health issues to explain his behavior during voir dire.
 
Ronald Williams v. State of Indiana (NFP)
49A05-1110-CR-616
Criminal. Affirms denial of motion to correct erroneous sentence.

Darrell Hall v. State of Indiana (NFP)
49A02-1201-CR-5
Criminal. Remands for correction of the abstract of judgment to reflect that Hall was convicted of Class B misdemeanor battery.

Steven C. Lane v. Brandy D. Rosenquist and Hermann Ventures, LLC d/b/a Seasons Homecare (NFP)
43A03-1111-CT-534
Civil tort. Affirms denial of motion to correct error and exclusion of evidence regarding health insurance.

Mark Van Eaton and Cynthia Van Eaton Vallimont v. German American Bancorp (NFP)
42A01-1111-MF-535
Mortgage foreclosure. Reverses order granting German American Bancorp’s motion to sell real estate. Remands for further proceedings.
 

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  1. How do you go about each day with out having resentment or ill will towards the evil that has done this to you? Is it your faith that keeps you going and knowing that someday they will have to answer to God? At church our pastor talked about forgiveness and how Jesus forgave our sins and we should too. Its very hard knowing that we do the right thing in this world, and those that are liars, thieves, are continued in power and continue on doing their jobs, while you are banished from something that you have every right to do with out being penalized.

  2. From my post below .... I cut and pasted in error: http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468

  3. Your prayers must account for some of the wind beneath my wings. That and this: His yoke is easy, His burden light. OK, now to bring this comment thread 100% back to the topic at hand. From my secret files, never before published, a letter that Commission head Myra Selby deemed interesting, but ..... This Hail Mary was ignored by the Commission, and then cited by the Indiana bar examiners to justify the need for a lifetime banishment from the Indiana Supreme Court. I tender it as a study in anti white male anti Christian antipathy in the Indiana court system. Focused upon the Race (ie not white) and Gender (ie not male) and not religious Commission for "fairness." Uncle Karl, eat your heart out: https://www.scribd.com/document/340472424/Race-gender-request-24128-1 ... https://drive.google.com/file/d/0BznfHUztK5eTUGlxbmRvMWJsaHhLcGFuaE5KNHZWVjk3eHRn/view?usp=sharing

  4. What a disgrace of Judicial Proceedings. Can complain and write comments forever but someone needs to show the mother how to fight back before he turns this little girl against her.

  5. The truth comes out Issac Law Firm for Men helped Montgomery to get custody.Should read the lies he told them.How much was paid to the judges?

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