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Opinions Aug. 23, 2012

August 23, 2012
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The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
David H. Swanson v. United States of America
11-2338
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Affirms denial of Swanson’s 28 U.S.C. Section 2255 petition, in which Swanson alleged his trial counsel abandoned a poorly developed but winning objection at sentencing that justifies a finding of ineffective assistance of counsel. Swanson doesn’t challenge his appellate counsel’s effectiveness, and because trial counsel raised the objection in a sentencing memorandum and never withdrew it, his performance was not objectively deficient.

Thursday’s opinions
7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

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

Indiana Court of Appeals

Konrad Motor and Welder Service, Inc., Konrad Lambrecht, and Sharon Lambrecht v. Magnetech Industrial Services, Inc.
45A04-1203-CC-109
Civil collection. Reverses summary judgment for Magnetech and piercing Konrad Electric’s corporate veil because there are genuine issues of material fact. Affirms summary judgment for Magnetch on whether Konrad Motor and Welder Service is the alter ego of Konrad Electric. Remands for determination whether Konrad Electric’s corporate veil should be pierced and liability imposed upon the Lambrechts. If pierced, Konrad and Sharon Lambrecht may be held individually liable. Judge Crone concurs in part and dissents in part.

Arnie Cook v. Greeno Insurance, Inc., and Carl Greeno, Jr. (NFP)
34A02-1203-PL-199
Civil plenary. Affirms grant of summary judgment in favor of Greeno Insurance Inc. in Cook’s action against Greeno Insurance and Greeno Jr. alleging interference with a business relationship and breach of fiduciary duty.

Krista C. (Wilson) Williams v. Philip S. Wilson (NFP)
41A01-1111-DR-541
Domestic relation. Remands for trial court to reconsider its decision regarding the timing of supervised visitation and affirms in all other respects.

Brian C. Hostetler v. State of Indiana (NFP)
47A05-1112-CR-659
Criminal. Affirms conviction of Class C felony battery by means of a deadly weapon.

 

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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