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Opinions Dec. 12, 2012

December 12, 2012
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Indiana Court of Appeals
Ponziano Construction Services, Inc. v. Quadri Enterprises, LLC
45A05-1112-CC-661
Civil collection. Reverses award of $16,000 to Ponziano on its breach of contract claim against Quadri and the denial of Ponziano’s rquest to foreclose on its mechanic’s lien. Affirms the award of $8,000 in attorney fees to Ponziano and remands with instructions to the trial court to enter judgment in favor of Ponziano for $48,483.43, order sale of the property subject to the $45,549.43 lien, and determine the existence, extent, and outcome of a potential priority dispute between Ponziano and Wells Fargo.

Jason Wilson v. Kelly (Wilson) Myers (NFP)
71A03-1204-DR-153
Domestic relation. Affirms order modifying primary physical custody of the parties’ two children from Wilson to Myers.

Christopher A. Merder v. State of Indiana (NFP)
19A04-1205-CR-229
Criminal. Affirms Merder is not entitled to pretrial credit for time served in Kentucky from May to August 2009, but finds Merder is entitled to pretrial credit for the period from Aug. 6, 2009, to Aug. 14, 2009. Remands for further proceedings.

James Fusco v. State of Indiana (NFP)
54A01-1204-CR-182
Criminal. Reverses sentence following revocation of probation and remands.

Tymon Brown v. State of Indiana (NFP)
49A02-1203-CR-233
Criminal. Affirms conviction of felony murder.

Earl McClendon v. State of Indiana (NFP)
49A04-1206-CR-282
Criminal. Reverses denial of motion requesting the return of a firearm. Remands with instructions.
 

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  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. 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.

  5. 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!!

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