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Opinions Feb. 25, 2014

February 25, 2014
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Indiana Court of Appeals
James Kindred, Thomas Kindred, and Sam Kindred v. Betty Townsend and Harmon Crone
60A01-1304-PL-156
Civil plenary. Dismisses interlocutory appeal as untimely. Finds the arguments the Kindreds raised in appealing the denial of their motion to dissolve were based on information that was available when the trial court granted the preliminary injunction six months prior. Still, the COA notes it has ruled only that the Kindreds forfeited their right to an interlocutory appeal by failing to timely file. The Kindreds may yet attack the trial court’s interlocutory orders on appeal from the final judgment.  

John R. Pugsley v. State of Indiana (NFP)  
05A02-1306-CR-517
Criminal. Affirms conviction of Class D felony possession of methamphetamine and Class A misdemeanor possession of paraphernalia.

Derek A. Griffith v. State of Indiana (NFP)
89A01-1307-PC-300
Post conviction. Affirms denial of relief from convictions of Class C felony attempted burglary and finding of habitual offender.

Mark A. Petry v. State of Indiana (NFP) 
63A01-1306-CR-279
Criminal. Affirms conviction of Class B felony criminal deviate conduct, Class D felony sexual battery and Class D felony criminal confinement.

James R. Willey v. State of Indiana (NFP) 
06A05-1306-PC-268
Post conviction. Affirms in part and reverses in part denial of relief from convictions of felony murder and conspiracy to commit burglary, vacating a 50-year sentence on the latter charge because trial counsel failed to raise the argument that the convictions violated the prohibition against double jeopardy.

In Re the Visitation of L.W., D.W. v. G.W. and C.W. (NFP)
71A03-1308-JM-300
Juvenile. Dismisses as moot father D.W.’s appeal of a grandparent visitation order.

Angelo A. Liali v. Patsy Liali (NFP) 
34A02-1307-DR-640
Affirms order denying Angelo Liali’s motion to modify college support obligation and affirms indirect contempt finding for refusal to pay.

Joshua Batchelor v. State of Indiana (NFP) 
15A01-1305-CR-274
Criminal. Affirms order denying release of cash bond and money seized in a search of Batchelor’s home.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.

 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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