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Opinions Dec. 28, 2010

December 28, 2010
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The following opinions were posted after IL deadline Monday:

Indiana Supreme Court
In the Matter of Jane G. Cotton
48S00-0910-DI-497
Discipline. Suspends Cotton for 30 days without automatic reinstatement for engaging in attorney misconduct in an improper ex parte communication with a judge and by engaging in conduct prejudicial to the administration of justice. Justice Sullivan dissents, arguing for at least a 90-day suspension.

Indiana Tax Court
Lake County Assessor, North Township Assessor, et al. v. Amoco Sulfur Recovery Corp., and BP Products North America, Inc. (NFP)
49T10-1010-TA-55
Tax. Denies Amoco and BP’s motion to dismiss.

Today’s opinions

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Richard Childress Jr. v. State of Indiana
45A03-0911-CR-520
Criminal. Affirms convictions of robbery and criminal confinement, both Class B felonies. On appeal, appellant-defendant raised the sole issue of whether the trial court erred in admitting evidence the state did not disclose until the second day of trial. Court of Appeals concluded the state’s late disclosure did not impair his right to a fair trial.

Warren L. Williams, et al. v. David Orentlicher, et al., as Trustees of the Indiana State Teachers Association Insurance Trust
49A02-1003-PL-249
Civil. Affirms trial court’s denial of Warren L. Williams and Robert Frankel’s motion to compel arbitration. Williams and Frankel are former employees of the ISTA. They also acted as fiduciaries with the ISTA Insurance Trust, an entity legally separate and distinct from the ISTA. At issue was whether the Trust was bound by the arbitration provisions of Williams’ and Frankel’s employment agreements with the ISTA.

Cynthia Ann Painter v. Lee Andrew Granderson (NFP)
65A04-1003-DR-203
Civil. Affirms trial court’s order that awarded custody of the parties’ minor daughter, R.K., to appellee-respondent father.

Natasha R. Lafave v. State of Indiana (NFP)
16A01-1006-CR-271
Criminal. Reverses and remands conviction of illegal possession of alcoholic beverages for consumption, a Class C misdemeanor.

Carla Tabor v. State of Indiana (NFP)
49A05-1006-CR-358
Criminal. Affirms conviction of obtaining a controlled substance by fraud or deceit, a Class D felony; reverses and remands conviction of possession of a controlled substance, a Class D felony.

Richard Huffman v. State of Indiana (NFP)
49A02-1008-CR-1057
Criminal. Affirms denial of petition for post-conviction relief related to an educational credit against the release date.

Termination of Parent-Child Relationship of A.P., et al.; K.G. and T.G. v. Indiana Dept. of Child Services (NFP)
23A04-1004-JT-334
Juvenile. Affirms trial court’s judgment terminating K.G. and T.G’s parental rights to their children.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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