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Opinions Aug. 30, 2010

August 30, 2010
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The following opinion was posted after IL deadline Friday.
Indiana Supreme Court
In the Matter of: Anonymous
18S00-0902-DI-73
Discipline. Privately reprimands attorney for engaging in misconduct by improperly revealing information relating to the representation of a former client, a violation of Professional Conduct Rule 1.9(c)(2).

Today’s opinions
7th Circuit Court of Appeals
United States of America v. Jennifer K. Howard
09-3840
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Criminal. Affirms convictions of wire fraud and mail fraud. Holds that even if an indictment names particular victims, the government need not prove intent to harm those named victims. The government proved that Howard intended to defraud the scheme’s victims, and such intent was established by examining the circumstances of the scheme, not by who was specifically named in the indictment.

Timothy L. Runyon v. Applied Extrusion Technologies Inc.
09-3015
U.S. District Court, Southern District Court of Indiana, Terre Haute Division, Judge Larry J. McKinney
Civil. Affirms judgment as a matter of law in Applied Extrusion’s favor in Runyon’s action under the Age Discrimination in Employment Act. There’s no evidence the company’s decision to fire Runyon was motivated by his age.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Terry Gene Lay v. State of Indiana
10A01-1001-CR-17
Criminal. Affirms convictions of neglect of a dependent resulting in serious bodily injury as a Class B felony, neglect of a dependent resulting in death as a Class A felony, reckless homicide as a Class C felony. Lay waived the issue of marital privilege because he didn’t object during his wife’s testimony at trial concerning violation of the marital privilege. Evidence supports his wife voluntarily waived the privilege. There is also no violation of the prohibition against double jeopardy in the case.

Alphonzo Fisher v. State of Indiana
10A01-1001-CR-21
Criminal. Reverses denial of motion to discharge. The state has an affirmative duty to pursue prosecution of Fisher and the duty derives from a defendant’s right to a speedy trial. The balance of the Barker factors under the facts of the case show Fisher’s constitutional right to a speedy trial was violated. Remands with instructions to dismiss the underlying action against Fisher.

James B. Perigo v. State of Indiana (NFP)
87A04-0911-PC-636
Post conviction. Affirms denial of petition for post-conviction relief.

Lake Hellene, Inc., v. The Charter Oak Fire Insurance Company, et al. (NFP)
49A04-0910-CV-557
Civil. Reverses partial summary judgment foreclosing the litigation of the “common enemy” defense for claims against Lake Hellene. Affirms refusal to grant partial summary judgment to Lake Hellene as to the applicability of a municipal drainage ordinance. Remands for further proceedings.

Dan Fry, et al. v. Wilma Sutherlin Hadley (NFP)
67A01-1002-PL-35
Civil plenary. Affirms order in favor of Hadley in her action for ejectment and against the Frys on their counterclaims for breach of contract, promissory estoppel, slander, and interference with a contractual relationship.

Ernest Lansford, III v. Allstate Insurance Company, et al. (NFP)
71A03-1003-PL-142
Civil plenary. Affirms judgment for Allstate in a negligence action for property damages resulting from a vehicle collision.

Term. of Parent-Child Rel. of J.A.; H.P. v. I.D.C.S. (NFP)
45A03-1001-JT-80
Juvenile. Affirms involuntary termination of parental rights.

Carl Lee Gary v. State of Indiana (NFP)
20A03-1004-CR-176
Criminal. Affirms sentence following guilty plea to three counts of forgery as Class C felonies, dealing in a sawed-off shotgun as a Class D felony, and domestic battery as a Class A misdemeanor.

Richard L. Cripe v. State of Indiana (NFP)
20A05-1002-CR-159
Criminal. Affirms denial of petition for permission to file a belated appeal.

Reymond Barnett v. State of Indiana (NFP)
49A05-0912-CR-738
Criminal. Affirms convictions of and sentence for Class B felonies robbery and criminal confinement.


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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