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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. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  4. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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