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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. Contact Lea Shelemey attorney in porter county Indiana. She just helped us win our case...she is awesome...

  2. We won!!!! It was a long expensive battle but we did it. I just wanted people to know it is possible. And if someone can point me I. The right direction to help change the way the courts look as grandparents as only grandparents. The courts assume the parent does what is in the best interest of the child...and the court is wrong. A lot of the time it is spite and vindictiveness that separates grandparents and grandchildren. It should not have been this long and hard and expensive...Something needs to change...

  3. Typo on # of Indiana counties

  4. The Supreme Court is very proud that they are Giving a billion dollar public company from Texas who owns Odyssey a statewide monopoly which consultants have said is not unnecessary but worse they have already cost Hoosiers well over $100 MILLION, costing tens of millions every year and Odyssey is still not connected statewide which is in violation of state law. The Supreme Court is using taxpayer money and Odyssey to compete against a Hoosier company who has the only system in Indiana that is connected statewide and still has 40 of the 82 counties despite the massive spending and unnecessary attacks

  5. Here's a recent resource regarding steps that should be taken for removal from the IN sex offender registry. I haven't found anything as comprehensive as of yet. Hopefully this is helpful - http://www.chjrlaw.com/removal-indiana-sex-offender-registry/

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