ILNews

Opinions Aug. 19, 2010

August 19, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Kari Heyser, et al. v. Noble Roman's, Inc., et al.
29A04-1002-PL-71
Civil plenary. Affirms partial summary judgment for Noble Roman’s Inc. and other defendants on Heyser and other franchisees’ claim for constructive fraud. The admission by the franchisees’ attorney that their fraud claims against the banks were based solely on allegedly fraudulent representations by Noble Roman’s, with whom the banks allegedly acted in conspiracy; and the franchisees were alleging actual fraud, not constructive fraud.

Jacqueline Babbitt v. Indiana State Police Trooper Officer E. Lamar Helmuth, in his official capacity (NFP)
71A05-0911-CV-646
Civil. Affirms dismissal of Babbitt’s complaint pursuant to Indiana Trial Rule 12(B)(6).

Grante Ficklin v. State of Indiana (NFP)
49A02-1001-CR-18
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Denise Diggins v. State of Indiana (NFP)
71A03-1001-CR-119
Criminal. Affirms conviction of Class D felony battery.

Midwest Psychological Center, Inc., and Dr. Shelvy Keglar v. Sylvia Funk, et al. (NFP)

49A05-0910-CV-586
Civil. Affirms summary judgment in favor of Funk and other employees or agents of the Indiana State Department of Administration and/or the Division of Disability, Aging, and Rehabilitative Services, Disability Determination Bureau in Midwest’s complaint after not being selected for a bid for a state psychological service contract.

Leroy N. Jones v. State of Indiana (NFP)
27A04-1002-CR-79
Criminal. Affirms convictions of Class A felony murder, Class B felony conspiracy to commit arson, two counts of Class B felony arson, Class C felony battery by means of a deadly weapon, and Class D felony intimidation.

TBS Development LLC, et al. v. Central Bank & Trust Co. (NFP)
15A01-0911-CV-540
Civil. Affirms finding TBS and other defendants committed fraud, fraud on a financial institution, conversion, and breach of contract, and award of treble damages and attorney’s fees.

Darby Hape v. State of Indiana (NFP)
19A05-1003-CR-163
Criminal. Affirms denial of petition for jail-time credit.

Taron Raphael Momon v. State of Indiana (NFP)
82A01-0912-CR-598
Criminal. Affirms sentence following guilty plea to Class B felony burglary and Class D felony theft.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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