ILNews

Opinions July 20, 2011

July 20, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Marianne Jackson v. Thomas Trancik, M.D.
29A02-1012-CC-1391
Civil collections. Reverses summary judgment to Dr. Trancik on his lawsuit to collect on a medical bill. The trial court abused its discretion in striking the affidavit of an expert witness designated by Jackson and that affidavit establishes an issue of material fact as to the amount she owes. Remand for further proceedings.

Wellpoint, Inc., et al. v. National Union Fire Ins., Co., et al.
49A05-1011-PL-670
Civil plenary. Reverses summary judgment for Twin City Fire Insurance Co. in Anthem’s action seeking defense and indemnification from its reinsurers. None of the subject policy provisions operate to exclude coverage in the manner Twin City proposes. Remands for further proceedings.

John R. Berry, IV v. State of Indiana
49A04-1008-CR-536
Criminal. Reverses conviction of Class A felony attempted murder. The trial court erred in rejecting Berry’s insanity defense. The evidence is undisputed at the time of the offense – Berry suffered from psychotic symptoms caused by his prolonged and severe alcohol abuse and he was unable to appreciate the wrongfulness of his conduct. Remands for further proceedings.

Paternity of A.C.; C.C. v. B.M. (NFP)
13A04-1009-DR-608
Domestic relation. Reverses grant of the petition of stepfather B.M. for custody of A.C. Remands for further proceedings.

R.W. v. Review Board (NFP)
93A02-1012-EX-1399
Agency action. Affirms determination that R.W. was fired for just cause.

Thomas West v. State of Indiana (NFP)
34A02-1102-CR-111
Criminal. Affirms sentence following guilty plea to Class B felony burglary.

Janet Barkes Trust, et al. v. Monica Stuckwisch, et al. (NFP)
36A01-1011-PL-612
Civil plenary. Reverses summary judgment for real estate agent Stuckwisch in a fraud action and remands for further proceedings.

James H. Higgason, III v. State of Indiana (NFP)
45A03-1011-CR-577
Criminal. Affirms denial of motion for jail credit time.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Good riddance to this dangerous activist judge

  2. 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.

  3. 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.

  4. 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.

  5. 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

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