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Opinions July 5, 2012

July 5, 2012
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Indiana Supreme Court and Tax Court posted no opinions prior to IL deadline.

7th Circuit Court of Appeals

Nipponkoa Insurance Company, Ltd. v. Atlas Van Lines Inc.
3:09-CV-168
Civil plenary/contract. Reverses the U.S. District Court for the Southern District of Indiana’s summary judgment for defendant and remands for further proceedings, finding summary judgment inappropriate pending further determination of the relationship between plaintiffs, defendant and ancillary parties involved in a shipping loss.   
    
Indiana Court of Appeals

Andrew Joseph Wortkoetter v. Amy Jean Wortkoetter
30A01-1111-DR-548
Domestic relations. Affirms trial court division of property in a divorce proceeding, holding that the trial court did not abuse its discretion in equally dividing the husband’s individual retirement account. The trial court is instructed to reduce the judgment from $12,664 to $8,147, reflecting the equal division of both parties’ assets.

Brenda Stutz v. State of Indiana
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle with a blood alcohol content of at least 0.15 percent and remands with instructions to vacate a lesser-included conviction for Class C misdemeanor operating while intoxicated, holding that the two charges should be merged.
49A02-1110-CR-960
 
In the Matter of the Involuntary Term. of the Parent-Child Rel. of A.L.W., and K.B. v. Indiana Dept. of Child Services (NFP)
02A04-1111-JT-684
Juvenile/termination of parental rights. Affirms trial court’s termination of parental rights.
 
Mandy Little v. State of Indiana (NFP)
Criminal. Affirms trial court sentence following a plea of guilty to Class D felony operating a vehicle while intoxicated.
48A04-1110-CR-592
 
Logan Wetzel v. State of Indiana (NFP)
Criminal. Affirms bench trial conviction for Class C felony battery and Class D felony criminal confinement.
49A05-1111-CR-612

State of Indiana v. Donna Stiltz (NFP)
Criminal. Reverses modification of sentence and remands to the trial court with instructions to reinstate defendant’s sentence in accordance with a plea agreement.
66A03-1202-CR-75
 
William Joseph VanHorn v. State of Indiana (NFP)
Criminal/post-conviction relief. Affirms post-conviction court’s summary disposition.   
18A02-1109-PC-837

George Walker v. State of Indiana (NFP)
Criminal/post-conviction relief. Affirms post-conviction court’s denial of amended petition for post-conviction relief.
49A02-1104-PC-419
 
David L. Lacey v. State of Indiana (NFP)
Criminal. Affirms conviction and sentence for Class C felony operating a vehicle while intoxicated while privileges are forfeited for life.
27A02-1109-CR-846
 
S.C. v. Review Board of the Indiana Department of Workforce Development and M., Inc. (NFP)
Executive administration/unemployment. Reverses review board’s denial of unemployment compensation.
93A02-1202-EX-69
 
In the Matter of C.R. v. State of Indiana
Juvenile. Affirms adjudication of delinquency for committing what would constitute Class B felony burglary if committed by an adult.
82A04-1110-JV-595


 

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  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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