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Opinions Jan. 20, 2012

January 20, 2012
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court
Indiana Dept. of Insurance, Indiana Patient's Compensation Fund v. Robin Everhart, Personal Rep. of the Estate of James K. Everhart, Jr.
84S01-1105-CV-282
Civil. Affirms award of statutory maximum of $1 million in excess damages from the Indiana Patient’s Compensation Fund to Robin Everhart. Does not see any grounds on which to reduce the trial court’s award of $1 million in excess damages, so deciding whether to extend or halt Cahoon’s advance would seem unnecessary at best. The fund was not entitled to a set-off.

Indiana Court of Appeals
Jose Castillo-Aguilar v. State of Indiana
20A04-1003-CR-195
Criminal. Reverses denial of Castillo-Aguilar’s motion to suppress his answers on the information sheet he completed at the police station. He was subjected to “interrogation” when he was asked to fill out the information sheet, so he should have been given a Miranda warning.   

Apex 1 Processing, Inc. v. Akeala Edwards, on Behalf of Herself and Others Similarly Situated
49A05-1103-PL-85
Civil plenary. Affirms denial of Apex 1’s motion to compel arbitration of Edwards’ claim. As the designation of the arbitrator was integral to the arbitration provision, the trial court correctly determined that the agreement was impossible to perform and thus void.

K.F. v. State of Indiana
49A02-1103-JV-290
Juvenile. Affirms finding that K.F. committed acts that would be burglary and theft if committed by an adult based on sufficient evidence. Reverses finding that she committed what would be carrying a handgun without a license if committed by an adult because of insufficient evidence. The juvenile court did not abuse its discretion by admitting into evidence K.F.’s statement made to her mother, but it did err by allowing a police officer to testify as to the mother’s hearsay statements. The admission of that testimony was harmless error. Remands for the juvenile court to correct the dispositional order and CCS entry to accurately reflect the true findings entered by the court.

Louis L. Blacknell, Jr. v. State of Indiana (NFP)
79A02-1106-CR-690
Criminal. Affirms sentence following guilty plea to felony murder.

Opie W. Glass v. State of Indiana (NFP)
30A05-1107-PC-373
Post conviction. Affirms denial of petition for post-conviction relief.

Dustin Tumbleson v. State of Indiana (NFP)
90A02-1107-CR-613
Criminal. Reverses sentence following guilty plea to Class A misdemeanor battery and remands with instructions.

Term. of the Parent-Child Rel. of R.C. & S.C.; R.C. (Mother) v. The Indiana Dept. of Child Services (NFP)
47A05-1104-JT-232
Juvenile. Affirms termination of parental rights.

Larry Hellyer v. State of Indiana (NFP)
34A04-1107-CR-396
Criminal. Affirms denial of motion to correct erroneous sentence.

Nicholas A. Meade v. State of Indiana (NFP)
43A05-1106-CR-311
Criminal. Affirms sentence imposed following determination Meade violated his probation.

Mikeia Lewis v. State of Indiana (NFP)
49A02-1103-CR-267
Criminal. Affirms conviction of Class A misdemeanor criminal conversion.

Leonard T. Marshall v. State of Indiana (NFP)
71A05-1103-CR-103
Criminal. Affirms convictions of rape, criminal confinement, intimidation, strangulation, residential entry, resisting law enforcement and false informing.

Patricia Mowery and Harold R. Mowery, Jr. v. Arron L. Hofmeister, Individually and as Employee/Agent of Marathon Petroleum Co., LP, and Marathon Petroleum Co., LP (NFP)
49A05-1103-CT-142
Civil tort. Affirms jury verdict in favor of Hofmeister in the Mowerys’ action for damages from a collision.

In Re: The Marriage of Cindy B. Neal and George Neal, Jr.; Cindy B. Neal v. George Neal, Jr. (NFP)
70A01-1104-DR-183
Domestic relation. Affirms award of certain personal property to George Neal, the denial of cleanup costs and attorney fees, and the award of certain bank accounts to Cindy Neal.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  2. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  3. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  4. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  5. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

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