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Opinions Jan. 26, 2012

January 26, 2012
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.


Indiana Court of Appeals
Jeff Reeves v. Citizens Financial Services
93A02-1107-EX-604
Agency appeal. Affirms Worker’s Compensation Board’s decision that Reeves had reached maximum medical improvement, had a permanent partial impairment of five percent and wasn’t entitled to ongoing palliative care. Reeves failed to identify what type of care he should receive and the undisputed evidence does not show that palliative care limits the extent of his impairment.

Associated Estates Realty Corporation v. Angela Mason (NFP)
49A02-1105-CT-426
Civil tort. Grants rehearing and affirms original decision to reverse the denial of Associated Estates Realty Corp.’s motion for relief from judgment.

Duane R. Tackett v. State of Indiana (NFP)
18A05-1101-CR-7
Criminal. Affirms convictions of and sentence for Class B felonies rape, sexual misconduct with a minor and criminal deviate conduct and Class D felony child solicitation.

Richard H. Edwards v. State of Indiana (NFP)
19A04-1101-CR-26
Criminal. Affirms revocation of probation.

Meridian S.E.T., LLC v. Auditor of Marion County, Assessor of Marion County, and City of Indianapolis/Marion County (NFP)
49A02-1106-PL-482
Civil plenary. Affirms summary judgment in favor of the auditor, assessor and city of Indianapolis.

Moustapha Barry v. State of Indiana (NFP)
49A02-1105-CR-565
Criminal. Affirms conviction of and sentence for Class B felony dealing in cocaine.

Diana Bible v. St. Vincent Hospital (NFP)
93A02-1107-EX-600
Agency appeal. Affirms decision to deny claim for workers’ compensation benefits.

James Patrick Flinn v. Courtney Sue Flinn and James Erick Flinn (NFP)
43A04-1108-PL-455
Civil plenary. Reverses grant of Courtney Flinn’s motion for summary judgment on James Patrick Flinn’s complaint for conversion. Remands for further proceedings.

Casey Jackson v. State of Indiana (NFP)
67A01-1108-CR-340
Criminal. Affirms conviction of Class A misdemeanor battery resulting in bodily injury.

Ruth Dishman, Personal Rep. of the Estate of Julie A. Etchison v. Community Hospitals of Indiana, Inc., Medcheck Anderson, Troy Abbott, M.C., and Stephen Robertson (NFP)
48A02-1105-PL-467
Civil plenary. Affirms grant of partial summary judgment in favor of the medical defendants and Stephen Robertson in conjunction with a proposed complaint for medical malpractice.

Dairius Redding v. State of Indiana (NFP)
71A03-1107-CR-294
Criminal. Affirms decision to admit results of a buccal swab DNA analysis at trial and the finding of aggravating factors at sentencing.

Angelina M. Sanders v. State of Indiana (NFP)
20A03-1106-CR-297
Criminal. Affirms conviction of Class D felony domestic battery in the presence of a child.

Stacey Sills v. State of Indiana (NFP)
90A02-1107-CR-615
Criminal. Affirms sentence following guilty plea to two counts of Class C felony child molesting and one count of Class C felony child exploitation.

Lawrence Peterson and Fredrick Edmond v. Bruce Lemmon, et al. (NFP)
48A05-1102-MI-430
Miscellaneous. Affirms order granting a motion to dismiss action for mandate.

Jonathan Paugh v. State of Indiana (NFP)
67A01-1107-CR-298
Criminal. Reverses finding that Paugh is a credit restricted felon.

 

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  1. 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.

  2. 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.

  3. 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.

  4. 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

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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