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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. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

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