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Opinions July 5, 2011

July 5, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Larry E. Snell v. K-Industrial, LLC (NFP)
02A03-1010-CC-523
Collections. Affirms trial court’s judgment in favor of K-Industrial and trial court’s partial summary judgment in favor of Larry Snell. Reverses award of attorney fees to Snell, holding that Snell’s complaint did not arise from his agreement with K-Industrial.

Jasper L. Chastain v. State of Indiana (NFP)
47A01-1009-CR-543
Criminal. Affirms sentence for Class B felony dealing in methamphetamine.

John Battles v. State of Indiana (NFP)
49A02-1012-CR-1279
Criminal. Affirms conviction of Class D felony auto theft.  

Duron Reese Smith v. State of Indiana (NFP)
71A03-1012-CR-679
Criminal. Affirms convictions of Class C felony battery.

Michael D. Webb v. State of Indiana (NFP)
82A03-1011-CR-599
Criminal. Affirms consecutive sentences for two counts of resisting law enforcement.

Christopher C. Craft v. State of Indiana (NFP)
84A01-1010-CR-530
Criminal. Affirms sentence for Class A felony burglary.

Claude R. Fisher v. State of Indiana (NFP)
45A03-1010-CR-530
Criminal. Affirms sentence for Class C felony battery.

Kathy Atkinson v. Indiana Family and Social Services Administration (NFP)
49A02-1101-PL-28
Civil plenary. Affirms trial court’s decision on judicial review affirming the State of Indiana Family and Social Services Administration’s finding that Kathy Atkinson owed $4,956 due to overpayment of food stamp benefits.

Indiana Tax Court had posted no opinions at IL deadline.

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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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