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Opinions Aug. 27, 2012

August 27, 2012
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7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.

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

Indiana Court of Appeals
Ian McCullough v. State of Indiana
49A02-1106-PC-571
Post-conviction relief. Affirms post-conviction court’s judgment that trial counsel was not ineffective, holding that McCullough failed to carry his burden to show that the evidence as a whole leads unerringly and unmistakably to a conclusion opposite that reached by the post-conviction court.

Wells Fargo Bank, N.A., Successor in interest to The Money Store Investment Corp., f/d/b/a First Union Small Business Capital v. Neal A. Summers, et al.
02A04-1103-CP-112
Civil plenary/rehearing. Reverses prior appellate ruling that complaint was not timely, affirms in part and remands in part, finding that the trial court erred in calculating a judgment of $627,570 in favor of restaurateur Paula Phillips by miscalculating profits against debt. It upheld the judgment on interest expense, salaries, taxes and attorney fees.

Joseph Meizelis v. Dana Durbin and Debra Durbin
70A01-1112-DR-598
Domestic relation. Affirms the trial court properly found that Meizelis lacked a present interest in the Durbins’ farm and could not prevent a settlement between Dana and Debra Durbin. Remands with instructions to strike Meizelis’ lis pendens notice.

Mitzi Bosley v. Niktob, LLC, Design Industries, Inc., Peg Rail, Inc., and Originnovations, Inc.
49A04-1111-PL-599
Civil plenary. Reverses trial court grant of summary judgment in favor of Niktob, holding that the arguments it presented in ejectment court were the same as those presented in another action in environmental court.

Robert Dowell v. State of Indiana
09A05-1201-CR-36
Criminal. Reverses conviction of Class A felony robbery resulting in serious bodily injury. The court gave the jury an additional instruction on accomplice liability without re-reading the rest of the instructions. Remands for a new trial.

Michael Butler and Amanda Butler v. Jerry Hall and Susan Hall (NFP)
07A01-1111-SC-521
Small claims. Affirms trial court judgment in favor of defendants.

Arbie Clay, Jr. v. State of Indiana (NFP)
34A02-1202-CR-156
Criminal. Affirms trial court conviction of Class C felony robbery.
 
Lloyd E. Lynch v. State of Indiana (NFP)
49A04-1111-CR-604
Criminal. Affirms conviction of Class B felony confinement.
 
Ayman Eldosougi v. State of Indiana (NFP)
49A02-1202-CR-103
Criminal. Affirms conviction of Class A misdemeanor domestic battery.

K.C., on Behalf of M.C. v. State of Indiana (NFP)
32A01-1111-JV-533
Juvenile. Affirms delinquency order requiring payment of certain fees.
 
Robert Cruser, III v. State of Indiana (NFP)
29A02-1203-CR-187
Criminal. Affirms conviction of Class D felony domestic battery.
 
In the Matter of the Guardianship of Guido Joiko; Kenneth Schaaf v. Fifth Third Bancorp, Guido Joiko, and Geralyn Bradley (NFP)
87A04-1112-GU-705
Guardianship. Affirms trial court ruling that Joiko was of sound mind when he executed a revised trust.

Larry Schine v. State of Indiana (NFP)
79A02-1112-CR-1145
Criminal. Affirms in part and remands in part with orders to vacate a conviction of possession of cocaine, which the court ruled violated double jeopardy of a simultaneous conviction of dealing in cocaine.

Term. of Parent-Child Rel. of A.J.-G., Minor Child, and her Mother, S.J.-G.; S.J.-G. v. Indiana Dept. of Child Services (NFP)
71A05-1112-JT-696
Juvenile/termination. Affirms trial court order terminating mother S.J.-G’s parental rights to A.J.-G.
 
Terry Chanley v. State of Indiana (NFP)
87A01-1201-CR-42
Criminal. Affirms trial court denial of motion for jail time credit.

 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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