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Opinions Aug. 29, 2012

August 29, 2012
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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

Willis Pryor v. State of Indiana
49A02-1202-CR-101
Criminal. Reverses conviction of Class A misdemeanor resisting law enforcement. Pryor’s trial counsel’s failure to preserve his right to a jury trial denied Pryor effective assistance of counsel. Remands with instructions to vacate the conviction and hold a new trial by jury.

Auto-Owners Insurance Company v. Bill Gaddis Chrysler Dodge, Inc., Garrett Gaddis and Edward Foster
18A02-1112-PL-1087
Civil plenary. Affirms denial of Auto-Owner’s motion for summary judgment in the declaratory judgment action. The trial court did not abuse its discretion when it denied Auto-Owners’ motion to strike Foster’s response as untimely. The trial court should have stricken four late-filed affidavits, but the insurer didn’t show it was prejudiced by the denial of its motion to strike.

Margaret R. Smith and Darrell G. Smith v. JP Morgan Chase Bank, as Trustee Under the Pooling and Servicing Agreement, Dated as of June 1, 2003, et al. (NFP)
89A01-0702-CV-94
Civil. Affirms summary judgment in a foreclosure action brought by JPMorgan Chase Bank.

Edward LeFlore v. State of Indiana (NFP)
73A01-1111-CR-551
Criminal. Affirms convictions of Class A felony burglary, Class B felonies robbery and criminal confinement, Class C felony intimidation with a deadly weapon, Class D felony fleeing law enforcement, Class A misdemeanor carrying a handgun without a license, and adjudication as a habitual offender.

Robert Brandon v. State of Indiana (NFP)
20A05-1202-CR-53
Criminal. Affirms Class A felony robbery conviction and aggregate 60-year sentence. Orders burglary conviction be reduced from a Class A felony to a Class B felony and resentenced.

Term. of Parent-Child Rel. of J.K., M.K., and C.K. (Minor Children); and S.P. (Mother) v. Indiana Dept. of Child Services and Lake County CASA (NFP)
45A03-1201-JT-45
Juvenile termination of parental rights. Affirms involuntary termination of parental rights.

Jerry L. Ward, Jr. v. State of Indiana (NFP)
09A04-1201-CR-54
Criminal. Affirms denial of motion to withdraw guilty plea and affirms Ward’s sentence.

William N. Gerard v. Althea L. Gerard (NFP)
90A04-1112-DR-642
Domestic relation. Affirms award of attorney and expert witness fees to Althea Gerard in the action involving modification of William Gerard’s parenting time.

Timothy Tingle v. State of Indiana (NFP)
49A02-1110-CR-976
Criminal. Affirms admittance of evidence related to a duffle bag and its contents during a bench trial for various drug charges.

Jean D. Schoknecht v. Susan E. Dunlap f/k/a Hasemeier and f/k/a Scribner (NFP)
49A02-1201-CP-37
Civil plenary. Affirms dismissal of landlord Schoknecht’s complaint against tenant Dunlap pursuant to Indiana Trial Rule 41(E).

Eugene Strader v. State of Indiana (NFP)
49A02-1201-CR-57
Criminal. Affirms conviction of Class A misdemeanor possession of marijuana.

Bradley J. Vossberg, and Diana Jachimiak v. Glen A. Gray, Kimberly L. Gray, and Kevin Hardie, d/b/a The Hardie Group (NFP)
34A04-1110-PL-546
Civil plenary. Affirms award of damages to the Grays but reverses with regard to the award of damages to Hardie.

In the Matter of A.J.J.: J.J. v. S.H. (NFP)
71A03-1112-JP-568
Juvenile paternity. Affirms dismissal of motion to terminate support.
 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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