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Opinions Jan. 15, 2014

January 15, 2014
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Indiana Court of Appeals
The City of Fort Wayne v. Northern Indiana Public Service Company and NiSource, Inc.
02A04-1307-CT-366
Civil tort. Affirms summary judgment for NIPSCO and NiSource on the city’s lawsuit after NIPSCO’s contractor damaged an underground drain, causing flooding. The city’s failure to discharge its statutory duties to provide accurate locations of its underground facilities to NIPSCO is dispositive of all claims on appeal.

Tracy Rambo v. Jeffrey Justice, M.D. (NFP)
7A03-1308-CT-322
Civil tort. Reverses summary judgment in favor of Justice on Rambo’s medical malpractice claim. Remands for further proceedings.

Beverly Czech v. James Czech (NFP)
45A05-1305-DR-234
Domestic relation. Reverses exclusion of real property inherited by James Czech through intestate succession in the dissolution of the Czechs’ marriage. Remands for further proceedings.

Calvin Murphy v. State of Indiana (NFP)
49A02-1304-CR-360
Criminal. Affirms conviction of Class A misdemeanor battery.

Gregory Poling v. State of Indiana (NFP)
01A02-1306-CR-558
Criminal. Affirms conviction of Class D felony theft.

Demetrius Jackson v. State of Indiana (NFP)
71A05-1305-CR-215
Criminal. Affirms conviction of Class B felony robbery.

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

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  1. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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