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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. 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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