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Opinions Jan. 5, 2012

January 5, 2012
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7th Circuit Court of Appeals had posted no opinions by IL deadline.

Indiana Court of Appeals
John C. Cole, Jr. v. State of Indiana (NFP)
49A05-1102-PC-67
Post conviction. Affirms denial of petition for post-conviction relief.

Gary Plunkitt v. Beckoning Way Community Association (NFP)
32A01-1104-SC-171
Small claims. Affirms trial court’s determination that a property management company did not err in pursuing collection of Plunkitt’s homeowner fees and that Plunkitt is estopped from claiming he did not know of the association.

Rashaad Michael Hogan v. State of Indiana (NFP)
71A03-1107-CR-336
Criminal. Affirms conviction of and sentences for robbery, confinement and carjacking – all Class B felonies.

First Midwest Bank, successor in interest to Bank Calumet, N.A. v. Dean Vander Woude and Timothy Koster (NFP)
64A04-1103-PL-120
Civil plenary. Reverses trial court’s order granting summary judgment to Vander Woude and Koster, holding a genuine issue of material fact remains. Declines First Midwest Bank’s invitation to enter summary judgment in its favor and remands for further proceedings.

Donyea Fowler v. State of Indiana (NFP)
71A03-1104-CR-170
Criminal. Affirms conviction for Class D felony receiving stolen property.

Curtis E. Jones v. State of Indiana (NFP)
29A02-1104-CR-414
Criminal. Affirms convictions of two counts of Class A felony child molesting and two counts of Class B felony incest.

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



 

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  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

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