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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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

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

  3. 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

  4. 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.

  5. 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.

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