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Opinions Dec. 6, 2010

December 6, 2010
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7th Circuit Court of Appeals
Brian D. Grigsby v. Ray LaHood, Secretary of the U.S. Department of Transportation
U.S. District Court, Southern District of Indiana, Indianapolis Division, Chief Judge Richard L. Young.
Civil. Affirms summary judgment for the Department of Transportation in his suit claiming he wasn’t hired because of his Native American heritage. Grigsby was not qualified for any of the positions he applied for.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Rex E. Breeden Revocable Trust v. Rebecca Jane Hoffmeister-Repp
03A04-1003-CT-185
Civil tort. Affirms summary judgment for Hoffmeister-Repp on the trust’s complaint for rescission and/or damages of an agreement to purchase Hoffmeister-Repp’s residence. Concludes that exception nine - transfers to a living trust - enacted in I.C. § 32-21-5-1(9) only applies when the transfer occurs between a seller and the seller’s own living trust. Therefore, Hoffmeister-Repp was required to comply with the statute and to complete a disclosure form. Finds the trust’s fraud claim fails and there is insufficient designated evidence to support a finding of mutual mistake.

Charles E. Green v. State of Indiana
49A05-1001-CR-37
Criminal. Affirms felony murder conviction. Based on the evidence, a trier of fact could reasonably infer that Green murdered the victim, or at the very least, he aided, induced or caused James Townsend to murder her. Also, Jury Instruction 21(F) as a whole was not misleading.

Peggy J. Rider and James R. Rider v. Larry L. McCamment, et al.
16A01-1004-CT-180
Civil tort. Affirms summary judgment for McCamment as landowner because Peggy Rider’s negligence claim against him fails as a matter of law. Reverses summary judgment for independent contractor Lee. Although Lee exercised control over the premises, the facts designated aren’t sufficient to conclude whether Rider was rightfully on the premises and whether she was a foreseeable visitor. Judge Kirsch concurs in part and dissents in part.

Northeast Civic Association, Inc. et al. v. Gloria J. Beard, et al. (NFP)
49A02-1003-PL-470
Civil plenary. Affirms summary judgment in favor of defendants Gloria J. Beard and others in Northeast Civil Association’s verified compliant to quiet title and for damages.

Guillermo Toledo v. State of Indiana (NFP)
02A03-1006-CR-360
Criminal. Affirms sentence following guilty plea to operating a vehicle while intoxicated causing death as a Class B felony, and to being a habitual controlled substance offender.

Quantita L. Jackson v. State of Indiana (NFP)
48A02-1005-CR-581
Criminal. Reverses order Jackson serve an executed sentence following her guilty plea to Class C felony fraud on a financial institution. Remands with instructions.

Ira James Washington, Jr. v. State of Indiana (NFP)
45A03-1003-CR-151
Criminal. Affirms sentence following guilty plea to Class B felony attempted aggravated battery and Class D felony battery.

Patrick T. Tolbert v. State of Indiana (NFP)
49A02-1005-CR-545
Criminal. Affirms convictions of Class B felonies robbery and criminal confinement.

Stephen Ray Jones, Jr. v. State of Indiana (NFP)
48A04-1003-CR-161
Criminal. Affirms revocation of probation.

Barry Wanner v. Jill Hutchcroft (NFP)
79A02-1004-DR-467
Domestic relation. Affirms order Wanner pay Hutchcroft more than $37,000 to compensate her for a tax liability assumed when she liquidated part of his TIAA-CREF retirement account.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court denied seven transfers for the week ending Dec. 3.
 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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