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Opinions July 13, 2012

July 13, 2012
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7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

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


Indiana Court of Appeals
John W. Schoettmer and Karen Schoettmer v. Jolene C. Wright and South Central Community Action Program, Inc.
49A04-1108-CT-406
Civil tort. Affirms summary judgment in favor of Wright and South Central Community Action Program Inc., finding that the plaintiffs did not timely file notice as governed by the Indiana Tort Claims Act.

Robert Hatcher v. State of Indiana (NFP)
49A02-1111-CR-1075
Criminal. Reverses and remands trial court revocation of probation, holding that the court could not conclude that Hatcher knowingly, intelligently and voluntarily waived his right to counsel.
 
Brotherhood Mutual Insurance Company as Subrogee of Plymouth Wesleyan Church v. Michiana Contracting, Inc., McGrath Refrigeration, Inc., John D. McGrath, Joseph A. Dzierla and Assoc., Inc., et al.
50A03-1111-CT-518
Civil tort. Reverses and remands summary judgment for Michiana, et al., holding that damage to a church addition’s gym floor that was destroyed when a sprinkler froze and burst is not subject to terms of a contact’s waiver of subrogation because the church, not the contractors, performed the work.
 
Michael J. Gosnell v. State of Indiana (NFP)
79A02-1110-CR-951
Criminal. Affirms trial court sentence after guilty plea on a charge of conspiracy to commit robbery while armed with a deadly weapon.

Swammi, Inc., f/k/a Swami, Inc. v. Shambaugh, Kast, Beck, Williams, LLP and John S. Bloom (NFP)
02A01-1109-PL-417
Civil plenary. Affirms jury verdict that defendants were not liable for legal malpractice.

Alpha Holder, Jr. v. State of Indiana (NFP)
45A03-1111-CR-516
Criminal. Affirms trial court sentence of nine years executed for convictions of Class C felony fraud on a financial institution and being a habitual offender.

Corey Cole v. State of Indiana
49A02-1111-CR-1019
Criminal. Affirms trial court conviction of Class B felony rape, holding the trial court did not commit reversible error when it sustained the state’s objection to Cole’s attempt to refresh the victim’s memory with the notes from a nurse, and that the trial court did not commit fundamental error when it allowed hearsay statements.
 
Donald Humphrey v. State of Indiana (NFP)
75A04-1111-CR-607
Criminal. Affirms trial court convictions of Class C felony intimidation and Class D felony intimidation.

Devonte Rogers v. State of Indiana (NFP)
49A02-1111-CR-1015
Criminal. Affirms trial court convictions of Class B felony criminal deviate conduct and two counts of Class D felony criminal confinement.
 
Nancy J. Ferguson and Nyla R. Hamilton v. Natalie A. Watkins (NFP)
28A01-1201-PL-7
Civil plenary. Affirms trial court’s denial of motion to set aside a deed in favor of Watkins.

Term. of the Parent-Child Rel. of B.M. and A.M. (Minor Children) and J.R. (Mother) v. The Indiana Dept. of Child Services (NFP)
79A02-1112-JT-1189
Juvenile/termination of parental rights. Affirms termination of parental rights.

 

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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. My husband left me and the kids for 2 years, i did everything humanly possible to get him back i prayed i even fasted nothing worked out. i was so diver-stated, i was left with nothing no money to pay for kids up keep. my life was tearing apart. i head that he was trying to get married to another lady in Italy, i look for urgent help then i found Dr.Mack in the internet by accident, i was skeptical because i don’t really believe he can bring husband back because its too long we have contacted each other, we only comment on each other status on Facebook and when ever he come online he has never talks anything about coming back to me, i really had to give Dr.Mack a chance to help me out, luckily for me he was God sent and has made everything like a dream to me, Dr.Mack told me that everything will be fine, i called him and he assured me that my Husband will return, i was having so many doubt but now i am happy,i can’t believe it my husband broke up with his Italian lady and he is now back to me and he can’t even stay a minute without me, all he said to me was that he want me back, i am really happy and i cried so much because it was unbelievable, i am really happy and my entire family are happy for me but they never know whats the secret behind this…i want you all divorce lady or single mother, unhappy relationship to please contact this man for help and everything will be fine i really guarantee you….if you want to contact him you can reach him through dr.mac@yahoo. com..,

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