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Opinions Aug. 6, 2012

August 6, 2012
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7th Circuit Court of Appeals issued no Indiana opinons prior to IL deadline.

Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline.

Indiana Court of Appeals
Donald Gregory Huls v. State of Indiana

64A04-1110-CR-552
Criminal. Affirms convictions of criminal recklessness, one as a Class D felony and one as a Class C felony. Affirms denial of motion for mistrial because the prosecutor’s isolated comment did not have a probable persuasive effect on the jury and did not place Huls in grave peril. His proposed jury instructions incorrectly stated the law on self-defense or the evidence did not support giving them.  

PNC Bank, National Association, et al. v. LA Development, Inc., Andrew L. Arbuckle, et al., and INTA, LLC v. PNC Bank, National Association, et al.
41A01-1107-MF-314
Mortgage foreclosure. Reverses decision in favor of INTA in an action filed by PNC against LA Development, INTA, and two individuals. The subordination agreement is ambiguous, but concludes PNC did not relinquish all of its rights and remedies in the subordination agreement. Because PNC has shown the requisite provisions of Indiana Code 32-30-5-1 have been satisfied and PNC did not relinquish its mandatory right to the appointment of a receiver, the trial court order is erroneous. Remands for further proceedings.

Janet M. Wright v. State of Indiana (NFP)
11A04-1109-CR-506
Criminal. Affirms denial of Wright’s motion to suppress as to the marijuana found beside her house and the trial court’s deferring to rule on all evidence found inside the home and outbuildings due to insufficient evidence to address that matter. Remands for further proceedings.

Brian L. Millard v. State of Indiana (NFP)
87A01-1201-CR-18
Criminal. Affirms conviction of Class A misdemeanor criminal recklessness.

Preload, Inc. v. Hammond Water Works Department and Jeffrey Porter General Contractors, Inc. (NFP)
45A05-1201-PL-22
Civil plenary. Reverses the trial court order to the extent that the arbitration order says that Preload must be joined as a party in the arbitration between Jeffrey Porter and Hammond Water Works. Remands for further proceedings. Judge Mathias concurs in result.

Paul Edward McMinn v. Lisa Stephanie McMinn (NFP)
20A03-1106-DR-245
Domestic relation. Affirms in part the order which established that child H.McM. should continue his secondary education at a private, parochial high school. Remands for further proceedings.

 

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  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. 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.

  4. 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.

  5. 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.

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