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Opinions July 30, 2012

July 30, 2012
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The following Indiana Supreme Court opinion was released Friday after IL deadline.
In the Matter of Thomas E. Q. Williams
30S00-1101-DI-37
Attorney discipline. Suspends attorney for two years without automatic reinstatement for engaging in misconduct by charging an unreasonable attorney fee to an elderly client, converting funds belonging to the client, and related misconduct.

Monday’s opinions
7th Circuit Court of Appeals
Winforge, Inc., et al., v. Coachmen Industries, Inc., et al.
10-3178
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms trial court judgment for defendants, agreeing that the parties had never entered into a final, enforceable contract.

Indiana Supreme Court
Thomas R. Crowel v. Marshall County Drainage Board
50S03-1202-MI-71
Miscellaneous. Affirms trial court ruling assessing a portion of a drain reconstruction’s costs, holding that Crowel receives a benefit by virtue of the drainage.

Indiana Court of Appeals
State of Indiana v. Raymond P. Coleman
29A05-1108-CR-435
Criminal. Dismisses appeal of trial court’s grant of motion to dismiss, holding the state lacks statutory authority to bring the appeal.

The Peniel Group, Inc. and Beech Grove Holdings, LLC v. Elizabeth Bannon, Kenneth G. Schaefer, Linda A. Schaefer, et al.
49A02-1201-PL-42
Civil plenary. Affirms summary judgment for Kenneth G. and Linda A. Schaefer, Betty Benefiel, Janet Beeler, and Charles and Beth Dodson, finding that Beech Grove Holdings is barred from bringing a claim under Environmental Legal Action statutes.

Jeffery Alholm v. Rebecca (Alholm) Allen (NFP)
48A05-1109-DR-466
Domestic relation. Affirms trial court modification of child custody and parenting time, and contempt order against father.
 
Bruce A. Craig v. Cynthia E. Craig (NFP)
92A03-1112-DR-584
Domestic relation. Affirms trial court’s division of property.

Scott Robertson v. State of Indiana (NFP)
49A02-1112-CR-1081
Criminal. Affirms bench trial conviction of Class A misdemeanor resisting law enforcement.

Lawrence Ray Holley, II v. State of Indiana (NFP)
79A02-1005-PC-652
Post-conviction relief. Reverses denial of post-conviction relief and remands, finding the court erred when it refused to admit trial transcripts into the record.

Elex Baltazar v. State of Indiana (NFP)
71A03-1111-CR-545
Criminal. Affirms trial court conviction of murder.

Michael Mangan v. State of Indiana (NFP)
49A04-1110-CR-555
Criminal. Affirms trial court conviction of murder.

James L. Johnson v. State of Indiana (NFP)
49A02-1112-CR-1100
Criminal. Affirms 75-year sentence for convictions of Class A felony criminal deviate conduct, Class B felony criminal confinement and being a habitual offender.

Fortune Management, Inc. v. Design Collaborative, Inc. (NFP)
34A02-1110-CC-1131
Civil collections. Affirms finding that an oral contract existed and that damages were awardable for breach of that contract, and that Fortune could not prevail on the mitigation of damages issue. Reserves in part and remands to trial court to vacate judgment on motion to correct error and restore its original judgment.
 
Katie C. Graber v. Dale Graber (NFP)
02A04-1112-DR-696
Domestic relations. Affirms trial court division of assets.

Barbara A. Johnson and William T. Johnson, both individually and as trustees of the Barbara A. Johnson Living Trust Dated 12-17-1996 v. Joseph Wysocki and M. Carmen Wysocki (NFP)
45A04-1111-CT-610
Civil tort. Reverses trial court finding for the Wysockis on a claim of fraudulent misrepresentation; affirms court’s denial of the Wysockis’ request for attorney fees.

Indiana Tax Court posted no opinions at IL deadline.


 

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  1. Been there 4 months with 1 paycheck what can i do

  2. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  3. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  4. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

  5. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

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