ILNews

Opinions July 28, 2011

July 28, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Jason Keigley v. State of Indiana (NFP)
49A04-1012-CR-743
Criminal. Affirms convictions of and sentence for Class C felony identity deception and five counts of Class D felony fraud in loan brokering.

Michael Yates v. State of Indiana (NFP)
34A05-1009-CR-582
Criminal. Affirms convictions of felony aiding, inducing, or causing murder and two counts of aiding, inducing, or causing attempted murder as Class A felonies.

Christina Smith v. Trilogy Health Services (NFP)
67A05-1006-PL-644
Civil plenary. Reverses order Smith pay $1,000 in attorney fees to Trilogy Health Services as a sanction for a discovery dispute. Remands for further proceedings.

Metals & Additives Corp., Inc., et al. v. Dagoberto Hornedo, et al. (NFP)
49A02-1011-PL-1213
Civil plenary. Affirms denial of Metals & Additives Corp.’s request for injunctive relief seeking to prevent Hornedo and St. Louis Group from using MAC trade secrets and alleging Hornedo breached his fiduciary duties.

Kimberly A. Kelley v. State of Indiana (NFP)
45A04-1010-CR-638
Criminal. Affirms conviction of Class A felony neglect of a dependent, revises the sentence to the advisory sentence, and remands with instructions to vacate the Class A felony battery conviction and sentence.

Betty Nolot v. Richard A. Nolot, et al. (NFP)
22A01-1012-PL-643
Civil plenary. Affirms denial of summary judgment for Richard Nolot as to the invasion of privacy claim and the grant of summary judgment for Richard on the trespass claim. Reverses grant of summary judgment for Richard on the conversion, unjust enrichment, and replevin claims. Remands for further proceedings.

Johnnie Gustafson v. State of Indiana (NFP)
05A04-1010-CR-647
Criminal. Affirms sentence following guilty plea to Class D felony possession of a controlled substance.

Marvin Ervin v. State of Indiana (NFP)
49A05-1107-CR-347; 49A02-1002-CR-123
Criminal. On remand from Indiana Supreme Court, affirms conviction of Class D felony theft and adjudication as a habitual offender.

Indiana Tax 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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