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Opinions Dec. 17, 2012

December 17, 2012
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7th Circuit Court of Appeals issued no Indiana opinions and the Indiana Supreme Court and  Tax Court issued no opinions by IL deadline.

Indiana Court of Appeals
Charles Knight v. Allstate Property and Casualty Ins. Co. (NFP)
02A05-1206-PL-290
Civil plenary. Affirms summary judgment in favor of Allstate.

Shelly Watson v. State of Indiana (NFP)
49A04-1204-CR-204
Criminal. Affirms trial court conviction of Class B misdemeanor public intoxication.

Ellis DeBerry v. State of Indiana (NFP)
49A04-1111-CR-606
Criminal rehearing. Declines request for rehearing and reaffirms trial court conviction of Class A misdemeanor resisting law enforcement.

Star Homes, Individually and d/b/a Garden Homes, Inc., David Garden, Donna Rothwell, John Michael Myers, Indiana Telephone Co., et al. v. Equity Trust Co., FBO James E. Henke, IRA (NFP)
49A02-1204-MF-350
Mortgage foreclosure. Reverses the trial court’s grant of summary judgment in favor of Equity Trust and remands, holding that summary judgment was inappropriate because the evidence was sufficient to create a factual issue regarding tendered payments.

In the Matter of B.A., Child Alleged to be in Need of Services; C.A. v. Indiana Dept. of Child Services (NFP)
49A02-1203-JC-252
Juvenile. Affirms the trial court order finding B.A. to be a child in need of services.

In the Matter of the Term. of the Parent-Child Rel. of J.B.; J.J. and B.B. v. Indiana Dept. of Child Services (NFP)
40A01-1204-JT-155
Juvenile/termination of parental rights. Affirms trial court termination of parental rights.












 

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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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