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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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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