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Opinions July 3, 2012

July 3, 2012
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7th Circuit Court of Appeals posted no Indiana opinions prior to IL deadline.

Indiana Supreme Court and Tax Court posted no opinions prior to IL deadline.

Indiana Court of Appeals

In Re: The Matter of the Paternity of S.C.: K.C. (Appellant), and C.C. (Appellee), and B.H. (Appellee-Intervenor)
30A01-1107-JP-322
Juvenile paternity. Reaffirms original opinion affirming Hancock Circuit Court’s ruling vacating a finding of paternity for C.C. because another paternity action on behalf of B.H. was pending in Fayette Circuit. The decision grants rehearing in Hancock Circuit, finding that mother, S.C., did not inform the Hancock court of B.H’s pending paternity proceeding.

Julie Winslow v. Larry D. Fifer
84A04-1109-DR-518
Domestic relations/educational support. Affirms trial court ruling finding the plaintiff/mother in contempt of court, ordering her to pay defendant/father’s attorney fees and computing her proportional share of a daughter’s educational expenses. The court found the trial court did not abuse its discretion in sanctions for the plaintiff’s violation of court orders regarding educational support.

James Mies and Janice Mies v. Steuben County Board of Zoning Appeals
76A03-1112-PL-564
Civil plenary/zoning. Affirms the trial court order reversing the Steuben County Board of Zoning Appeals’ variance and remands the case to the BZA for a new hearing, holding that the board could not issue a post-construction variance for a lakeside deck that included waterfront setback requirements that would make the variance a legal nullity.

Ronald B. Hawkins v. State of Indiana
20A03-1112-CR-579
Criminal. Affirms in part, reverses in part and remands in a split decision trial court convictions and sentences for two counts of Class C felony non-support of a dependent child. The appeals court held that the trial court erred in entering both convictions as Class C felonies and instructed the court to reduce one conviction to a Class D felony and enter the advisory sentence.

Wells Fargo Bank, N.A., f/k/a Wachovia Commercial Mortgage, Inc. v. PNC Bank, N.A., f/k/a National City Bank of Indiana
49A02-1111-PL-1004
Civil plenary. Affirms the trial court’s grant of summary judgment in favor of defendants on plaintiff’s suit alleging breach of contract, promissory estoppel, unjust enrichment, breach of duty to deal in good faith, tortious injury to property interest, slander of title and bad faith. The court held that the trial court did not err when it ruled the claims were barred by res judicata.

Leonard Dewitt v. Unsafe Building Department, City of Greendale, Indiana, Doug Hedrick, et al. (NFP)
15A04-1110-MI-567
Miscellaneous/inverse condemnation. Affirms trial court dismissal of action for inverse condemnation due to untimely filing of appeal of the Unsafe Building Department’s decision.

Stephen R. Harvey, Jr. v. State of Indiana (NFP)
02A04-1201-CR-43
Criminal. Affirms trial court’s application of sentencing as a habitual offender.

Antonio Martell Twiggs v. State of Indiana (NFP)
45A03-1111-CR-538
Criminal. Affirms trial court’s sentence of 10 years with eight years executed for a Class B felony conviction of burglary.

Jack D. Tiller v. Review Board of the Indiana Dept. of Workforce Development, IDWD U.I. Claims Adjudication, and the Town of Walkerton (NFP)
93A02-1110-EX-961
Executive administration/unemployment. Affirms Review Board of the Indiana Department of Workforce Development ruling that plaintiff failed to disclose or falsified facts in applying for unemployment insurance.

Paul Roell v. American Senior Communities, LLP d/b/a East Lake Nursing & Rehabilitation Center, and Harry Scribner (NFP)
20A03-1111-CT-524
Civil Tort. Affirms in a split decision the trial court’s dismissal of plaintiff’s assault claim and denial of defendant’s motion for summary judgment.

Kevin Cortez Brown v. State of Indiana (NFP)
45A03-1107-CR-320
Criminal. Affirms interlocutory appeal of trial court’s denial of motion to suppress his confession in a fatal shooting.

Darryl Shepherd v. State of Indiana (NFP)
49A05-1111-CR-600
Criminal. Affirms trial court conviction of Class B felony possession of a firearm by a serious violent felon.

Richard B. Gonon v. Wright & Lerch, David M. Wright, Stephen J. Lerch, William C. Butler, and Stephen J. Shumlas (NFP)
49A04-1111-CC-576
Civil collection. Affirms trial court’s order granting motion for transfer of venue and denies defendants’ request for appellate attorney fees.

Aaron Isby v. Lee Hoefling, David Gilstrap, James Basinger, Roger Randall Jr., Kevin Ewers, Edwin Buss, and David Sloan (NFP)
49A05-1110-MI-592
Miscellaneous. Affirms trial court ruling dismissing plaintiff’s suit on basis it failed to state a claim on which relief could be granted.

J.R. v. State of Indiana (NFP)
71A03-1203-JV-105
Juvenile. Affirms trial court ruling that placed J.R., a 17-year-old pregnant girl who was on probation, in a residential program to learn parenting skills and provide a safe environment for the child.

Kyle E. Bowers v. State of Indiana (NFP)
73A01-1110-CR-464
Criminal. Affirms trial court convictions of three counts of dealing in a schedule I or II narcotic as Class B felonies, and three counts of reckless homicide as Class C felonies, pursuant to a guilty plea.

Antwuan Brown v. State of Indiana (NFP)
49A02-1108-CR-726
Criminal. Affirms trial court convictions of Class A misdemeanor resisting law enforcement and Class B misdemeanor disorderly conduct.

Scott D. Wampler, Jr. v. State of Indiana (NFP)
09A02-1201-CR-61
Criminal. Affirms trial court convictions and sentence for Class B felony burglary and criminal confinement.
 
Holly Fuhrman v. State of Indiana (NFP)
65A01-1108-CR-357
Criminal. Affirms trial court sentence for Class C felony forgery.

Jonathan S. Gardiner v. Review Board of the Indiana Dept. of Workforce Development, and Audio Video International Limited (NFP)
93A02-1110-EX-1052
Executive administration/unemployment. Affirms defendant’s denial of unemployment compensation benefits.
 
In the Matter of the Involuntary Commitment of A.B. (NFP)
10A01-1109-MH-483
Mental health/involuntary commitment. Affirms trial court’s continuation of involuntary commitment after a review hearing.
 
In the Matter of the Involuntary Term. of the Parent-Child Rel. of S.W.; H.L. v. The Indiana Dept. of Child Services (NFP)
15A01-1112-JT-623
Juvenile termination of parental rights. Affirms trial court’s termination of plaintiff mother’s termination of parental rights.
 
Dontay Foster v. State of Indiana (NFP)
49A02-1111-CR-1036
Criminal. Affirms trial court convictions of Class D felony criminal confinement, criminal confinement by removal and residential entry; and Class A misdemeanor battery.
 
Ronnie Smith v. State of Indiana (NFP)
15A04-1108-PC-445
Criminal/post-conviction relief. Affirms trial court denial of post-conviction relief
 

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  1. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  2. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  3. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  4. I totally agree with John Smith.

  5. An idea that would harm the public good which is protected by licensing. Might as well abolish doctor and health care professions licensing too. Ridiculous. Unrealistic. Would open the floodgates of mischief and abuse. Even veteranarians are licensed. How has deregulation served the public good in banking, for example? Enough ideology already!

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