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Opinions Aug. 7, 2012

August 7, 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

Warrick County, Indiana, A Political Subdivision, by and through its County Commissioners, Nova Conner, Don Williams, and Phillip Baxter, and Cincinnati Insurance Co. v. William Hill and Stacy Hill
87A01-1201-PL-8
Civil plenary. Affirms denial of summary judgment for Warrick County in an action brought against it and Cincinnati Insurance Co. by William and Stacy Hill. Agrees with trial court conclusion that the Hills filed their notice under the Indiana Tort Claims Act within 180 days and that the Hills did not discover the source of the damage to their home until 2007, so the claims are within the six-year statute of limitations on actions for injury to property other than personal property.

Matthew Manuel v. State of Indiana
49A02-1112-CR-1135
Criminal. Affirms conviction of Class D felony domestic battery following a bench trial. The trial court did not abuse its discretion when it did not allow Manuel to cross-examine his live-in girlfriend about a 2005 domestic battery charge or when it allowed the state to ask D.S. whether she had testified truthfully. The state produced sufficient evidence to support the conviction.

Dean V. Kruse Foundation, Inc., Dean Kruse and Kruse International v. Jerry W. Gates
59A05-1201-CT-37
Civil tort. Reverses judgment that the forfeiture provision in the purchase agreement between Kruse and Gates constituted a liquid damages clause. Finds the provision in this agreement indicates an intent to penalize the purchaser for a breach rather and an intent to compensate the seller in the event of a breach, which support interpreting it as a penalty rather than one providing for liquidated damages. Remands with instructions for the trial court to calculate the measure of damages as a result of Gates’ breach of contract.

James E. Corry and Gayle Corry v. Steve Jahn, Woodland Homes of Ft. Wayne, LLC, Scott R. Malcolm, Oakmont Development Co. LLC, and Mike Thomas Associates/F.C. Tucker, Inc.
02A03-1107-PL-323
Civil plenary. Affirms summary judgment to Oakmont and Mike Thomas Associates/F.C. Tucker on the Corrys’ suit for breach of contract, breach of fiduciary duty, breach of warranty, negligence, and fraud; affirms denial of the Corrys’ motion to correct error and the entry of judgment upon the partial summary judgment order. Oakmont and MTA were not parties to the contract litigation at issue in this litigation and the trial court property declined to impose an implied warrant of habitability on Oakmont and MTA where the builder was the entity best positioned to prevent the harm.

Naveed Gulzar v. State of Indiana
20A03-1202-PC-88
Post conviction. Affirms denial of post-conviction relief. Gulzar claimed that his trial counsel was ineffective for failing to advise him that automatic deportation was a consequence of his pleading guilty to theft. He failed to demonstrate prejudice as a result of his attorney’s lack of advisement.

Darrell Lawrence v. State of Indiana (NFP)
49A02-1110-CR-938
Criminal. Dismisses state’s cross-appeal of dismissal of Class B felony possession of cocaine, reverses one conviction of resisting law enforcement by force and remands to the trial court.

Raymon Johnson v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony battery on a law enforcement officer resulting in bodily injury in one case and the revocation of probation in another case because of the commission of this crime.

In re the Marriage of: Dennis Coffman v. Jennifer Coffman (NFP)
31A01-1110-DR-488
Domestic relation. Finds the trial court abused its discretion in excluding the debts resulting from the loans from Dennis Coffman’s parents from the marital estate, and when the court failed to take into account his post-separation payments of an insurance settlement to Jennifer Coffman. Affirms distribution of the parties’ personal property. Remands with instructions.

Kevin K. Cotton v. State of Indiana (NFP)
64A05-1111-CR-641
Criminal. Affirms revocation of probation.

Dustin L. Bess v. State of Indiana (NFP)
20A04-1112-CR-701
Criminal. Affirms 45-year sentence for Class A felony burglary.

Term. of Parent-Child Rel. of X.B. and L.B. (Minor Children) and J.B. (Father) v. Indiana Dept. of Child Services (NFP)
71A03-1201-JT-26
Juvenile termination. Affirms termination of parental rights.
 

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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