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Opinions July 19, 2010

July 19, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Isaac Florian and Jeffrey Florian, as limited guardian of Isaac, an adult. v. GATX Rail Corporation
91A04-1002-PL-77
Civil plenary. Affirms summary judgment in favor of GATX Rail Corp. in Issac Florian’s negligence claim after he drove into a GATX tank car that didn’t have retro-reflective sheeting. GATX was in compliance with either retro-reflective implementation schedule even though the train car in question didn’t have sheeting yet. Florian’s common-law negligence claim is preempted by federal regulations set forth in 49.C.F.R. part 224.

A.H. v. State of Indiana
37A04-1002-JV-50
Juvenile. Reverses adjudication A.H. committed what would be exploitation of an endangered adult as a Class A misdemeanor if committed by an adult. The state didn’t prove beyond a reasonable doubt that A.H. took advantage of Robert Barnhart’s mental and physical condition in securing loans and the State failed to prove that A.H.’s control over Barnhart’s property was unauthorized.

Remon Duke Phillips v. State of Indiana (NFP)
02A04-0912-CR-723
Criminal. Affirms convictions of Class D felonies strangulation and domestic battery.  

Larry H. Snyder v. State of Indiana (NFP)
02A05-1001-CR-138
Criminal. Affirms acceptance of guilty plea to Class B misdemeanor public intoxication.

Joseph Trammell v. State of Indiana
(NFP)
49A05-0912-CR-708
Criminal. Affirms conviction of Class B misdemeanor public intoxication.

James Edward Price v. State of Indiana (NFP)
76A03-1001-CR-23
Criminal. Affirms sentence following guilty plea to Class A dealing in methamphetamine.

Term. of Parent-Child Rel. of E.L., et al.; M.B. v. I.D.C.S.
(NFP)
48A04-0912-JV-717
Juvenile. Affirms involuntary termination of parental rights.

Richard West v. State of Indiana (NFP)
49A04-0912-CR-680
Criminal. Affirms conviction of Class A misdemeanor battery.

Jeffery Rowe v. State of Indiana
(NFP)
46A03-0907-CR-344
Criminal. Affirms sentence on remand of an aggregate term of 70 years for Class A felonies robbery and burglary, and finding to be a habitual offender.

Olivia Vanbuskirk v. State of Indiana
(NFP)
49A02-0912-CR-1208
Criminal. Affirms conviction of Class A felony child molesting.

Shawn Christopher McWhorter v. State of Indiana (NFP)
73A01-0912-CR-573
Criminal. Affirms sentence following guilty plea to Class B felony criminal deviate conduct, and Class C felony robbery.

Andy C. Pitcher d/b/a Liberty Bell v. Berkley Risk Administrators Company, LLC., et al.
(NFP)
81A04-0908-CV-458
Civil. Affirms summary judgment for Berkley Risk Administrators Co. on Pitcher’s complaint alleging breach of contract.

Indiana Tax Court
Country Acres Limited Partnership v. Pleasant Township Assessor, and LaPorte County Assessor (NFP)
71T10-0903-TA-5
Tax. Affirms the Indiana Board of Tax Review didn’t err in rejecting an Indiana certified Level II assessor-appraiser’s use of an 11.35 percent capitalization rate. Reverses final determination of the market value-in-use of Country Acres’ complex and remands to the Indiana Board so it may instruct the appropriate assessing officials to assess the subject property consistent with the opinion.
 

The Indiana Supreme Court denied transfer to 22 cases for the week ending July 16.
 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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