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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 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

  2. 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

  3. 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

  4. 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.

  5. I totally agree with John Smith.

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