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Opinions July 19, 2013

July 19, 2013
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Indiana Court of Appeals
Kenneth Scholz v. Lorraine Kirk (NFP)
37A03-1211-PL-493
Civil plenary. Affirms the trial court’s determination of the amount of damages for the rental income for the farmland. Reverses award of prejudgment interest to Kirk.

Sean Johnson v. State of Indiana (NFP)
49A02-1301-CR-8
Criminal. Affirms conviction of Class A misdemeanor dealing marijuana and remands with instructions to vacate Johnson’s conviction for Class A misdemeanor possession of marijuana because of a double jeopardy violation.

Dennis Tiller v. State of Indiana (NFP)
49A02-1211-CR-928
Criminal. Affirms convictions of two counts of child molesting, one as a Class A felony and one as a Class C felony.

David A. Wilson v. State of Indiana (NFP)
55A05-1211-CR-606
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Jesus Mondragon v. State of Indiana (NFP)
49A04-1212-CR-635
Criminal. Affirms conviction of domestic battery as a Class A misdemeanor.

Kathay Van Dyne v. IOM Health Systems LP, d/b/a Lutheran Hospital of Indiana (NFP)
02A04-1211-CT-572
Civil tort. Affirms summary judgment for Lutheran Hospital on Van Dyne’s negligence lawsuit filed on behalf of herself and her husband’s estate.

In the Matter of the Term. of the Parent-Child Rel. of: I.M.A. and L.R.A. (Minor Children), and M.M.H. (Mother) v. Indiana Department of Child Services (NFP)
02A04-1212-JT-634
Juvenile. Affirms termination of parental rights.

Terrence Morris v. State of Indiana (NFP)
49A05-1301-CR-2
Criminal. Affirms conviction of Class B misdemeanor battery.

A.M.D., a Minor by his Parents and Guardians, John Doe and Jane Doe, and John Doe and Jane Doe, Individually v. Young Men's Christian Assoc. of Greater Indianapolis (NFP)
49A04-1211-CT-551
Civil tort. Reverses summary judgment in favor of the YMCA on A.M.D.’s lawsuit alleging negligence.

Lake County Trust Company, Trust 4210, Trust 5061, and Alex Emmanoilidis v. Aox, Inc., and Brian Piunti (NFP)
45A03-1207-PL-309
Civil plenary. Affirms a jury verdict against the trust company as landlord for breach of lease and malicious prosecution.

Louis Cole v. State of Indiana (NFP)
22A01-1211-CR-506
Criminal. Affirms conviction of resisting law enforcement as a Class D felony.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  2. 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 .....

  3. 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.

  4. 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

  5. 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

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