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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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