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Opinions Dec. 11, 2012

December 11, 2012
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Indiana Court of Appeals
Paul Henry Gingerich v. State of Indiana
43A05-1101-CR-27
Criminal. Reverses conviction of Class A felony conspiracy to commit murder and remands for further proceedings. The juvenile court abused its discretion when it denied Gingerich’s request for a continuance.

James O. Young v. State of Indiana
20A04-1112-CR-699
Criminal.  Reverses Young’s conviction of Class D felony strangulation subject to possible retrial. The admission of Young’s girlfriend’s statements to the firefighters did not violate Young’s confrontation rights under the 6th Amendment, but her statements to a police officer were not admissible as excited utterances. Reverses conviction of Class D felony domestic battery as the evidence does not support that children were present when the domestic battery occurred. Remands with instructions that judgment be entered as a Class A misdemeanor.

Johnny Mosby v. State of Indiana (NFP)
49A02-1205-CR-403
Criminal. Affirms conviction of Class A misdemeanor operating while intoxicated.

Douglas A. Schwan v. Linda D. Schwan (NFP)
80A05-1204-DR-171
Domestic relation. Affirms division of marital property.

Phyllis Allen v. State of Indiana (NFP)
82A04-1205-CR-263
Criminal. Affirms conviction of Class A misdemeanor battery.

Richard A. Walls v. Janet Walls (NFP)
10A01-1112-DR-572
Domestic relation. Affirms determination that the real property was commingled with the marital estate and the decision to award Janet Walls a one-half interest in the real property.

Chad E. Aslinger v. State of Indiana (NFP)
68A04-1205-DR-259
Domestic relation. Reverses finding of contempt of court for failure to pay child support.

Garland Aschenbrenner, Winifred Aschenbrenner, and South Bend Carpetland USA, Inc., d/b/a Abbey Carpets and Floors v. Melvin H. Sandock Inter Vivos Revocable Trust, et al. (NFP)
71A04-1201-PL-96
Civil plenary. Vacates judgment in favor of the revocable trusts and the Sandocks that awarded damages of $180,183.11 plus attorney fees. Remands with instructions.

Steven T. Lakes v. State of Indiana (NFP)
15A01-1204-CR-186
Criminal. Affirms sentence following guilty plea to Class D felonies operating a vehicle while intoxicated with a passenger less than 18 years of age and operating a vehicle as a habitual traffic violator, and being a habitual substance offender.

Bradley S. Sater v. State of Indiana (NFP)
32A04-1204-CR-182
Criminal. Affirms conviction of Class A felony dealing in methamphetamine and remands with instructions to vacate the conviction of Class C felony possession of methamphetamine.

 

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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. My husband left me and the kids for 2 years, i did everything humanly possible to get him back i prayed i even fasted nothing worked out. i was so diver-stated, i was left with nothing no money to pay for kids up keep. my life was tearing apart. i head that he was trying to get married to another lady in Italy, i look for urgent help then i found Dr.Mack in the internet by accident, i was skeptical because i don’t really believe he can bring husband back because its too long we have contacted each other, we only comment on each other status on Facebook and when ever he come online he has never talks anything about coming back to me, i really had to give Dr.Mack a chance to help me out, luckily for me he was God sent and has made everything like a dream to me, Dr.Mack told me that everything will be fine, i called him and he assured me that my Husband will return, i was having so many doubt but now i am happy,i can’t believe it my husband broke up with his Italian lady and he is now back to me and he can’t even stay a minute without me, all he said to me was that he want me back, i am really happy and i cried so much because it was unbelievable, i am really happy and my entire family are happy for me but they never know whats the secret behind this…i want you all divorce lady or single mother, unhappy relationship to please contact this man for help and everything will be fine i really guarantee you….if you want to contact him you can reach him through dr.mac@yahoo. com..,

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