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. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  2. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  3. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  4. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  5. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

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