ILNews

Opinions June 10, 2011

June 10, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Liberty Country Club v. Landowners of Country Club Estates Housing Development
81A01-1007-MI-364
Miscellaneous. Affirms summary judgment in favor of the landowners of the housing development, concluding that under the terms of the covenant, Liberty is required to provide potable water to the homeowners in the development.

Brenda Bell v. Grandville Cooperative, Inc., et al.
49A04-1101-CT-2
Civil tort. Reverses summary judgment for Grandville Cooperative and Kirkpatrick Management in Bell’s personal injury negligence action against Grandville. There is a question of fact as to whether Grandville breached its duty to maintain the premises in a reasonably safe condition. Remands for further proceedings.

State of Indiana v. Gerald Foster
02A03-1010-CR-596
Criminal. Affirms grant of Foster’s motion to suppress. Under the totality of the circumstances, the officer’s warrantless entry and in-home arrest of Foster was unreasonable and violated Article I, Section 11 of the Indiana Constitution. The connection between the arrest and the securing of statements discloses near constant interaction and exploitation of the arrest and precludes a finding of attenuation. Judge May concurs in result.

D.D. v. State of Indiana (NFP)
49A02-1010-JV-1201
Juvenile. Affirms adjudication of D.D. to be a delinquent child based on true findings for one count of aiding, inducing, or causing rape, and one count of criminal confinement.

Wells Fargo Bank, N.A. v. Reed Hodges, et al. (NFP)
55A01-1007-MF-334
Mortgage foreclosure. Reverses order dismissing Swafford from the bank’s complaint to foreclose on a mortgage executed in favor of the bank’s assignor by Reed and Angelia Hodges. Remands for further proceedings.

Martha Tichenor v. Dana Dodson (NFP)
41A04-1010-PO-667
Protective order. Affirms grant of civil protection order against Tichenor.

Harold L. Tice Jr. v. State of Indiana (NFP)
15A01-1010-CR-518
Criminal. Affirms convictions of sexual misconduct with a minor as a Class C felony and contributing to the delinquency of a minor as a Class A misdemeanor.

Walter L. Walker v. State of Indiana (NFP)
49A05-1010-CR-691
Criminal. Affirms conviction of Class D felony pointing a firearm.

Matthew Fearnow v. State of Indiana (NFP)
20A03-1010-CR-552
Criminal. Reverses denial of request for permission to file a belated notice of appeal. Remands for further proceedings.

Leland Stephens v. State of Indiana (NFP)
18A05-1011-CR-679
Criminal. Affirms sentence for Class D felony theft.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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