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Opinions June 10, 2013

June 10, 2013
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7th Circuit Court of Appeals
United States of America v. Javier Munoz
12-3351
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Larry J. McKinney.
Criminal. Affirms 181-month sentence following a guilty plea in 2007 to distributing and possessing cocaine with intent to distribute. Munoz materially breached the conditions of his release and an implied term of the plea agreement by fleeing the country rather than showing up for sentencing. His breach allowed the government to treat the plea agreement as having been rescinded.

Indiana Court of Appeals
Maurice Frazier v. State of Indiana
49A05-1210-CR-526
Criminal. Affirms convictions of Class D felonies sexual battery, criminal confinement and official misconduct. Reverses and remands for a second Class D felony conviction of sexual battery to be reduced to Class A misdemeanor battery because the state failed to prove compulsion by force or imminent threat of force. Finds convictions do not violate double jeopardy principles.

In the Matter of the Adoption of J.T.A.; R.S.P. v. S.S.
37A03-1212-AD-525
Adoption. Affirms denial of R.S.P.’s petition to adopt J.T.A. The trial court was mistaken in believing that the father’s parental rights would have been terminated if the petition was granted, but there was nonetheless evidence to support the denial of the petition because the biological mother’s consent was required.  

Flaherty & Collins, Inc. v. BBR-Vision I, L.P., and New Castle Realty, LLC
49A05-1111-PL-569
Civil plenary. Reverses trial court’s interpretation that Section 12(a) of the management agreement between F&C and BBR requires F&C to pay attorney fees for first-party actions. The language of Section 12(a) does not create an exception to the general rule that an indemnity clause creates liability to pay only for third-party actions. The trial court erred in making findings that effectively granted summary judgment to BBR and NCR on the issue of whether they could recover damages under the Crime Victims Statute because there is a genuine issue of material fact as to whether a F&C employee’s action or BBR’s and NCR’s inaction caused any pecuniary loss to BBR and NCR. Reverses what was effectively summary judgment on the issue of whether F&C committed deception. Affirms determination that NCR has standing as a third-party beneficiary to assert its claims in this action. Remands for further proceedings.

Marrco Antonio Martinez v. State of Indiana (NFP)  
29A02-1209-CR-699
Criminal. Affirms 35-year sentence for two counts of Class A felony dealing in cocaine.

Carol Miller v. State of Indiana (NFP)  
49A05-1210-CR-523
Criminal. Affirms conviction of Class A misdemeanor pointing a firearm.

In Re The Paternity of: H.N.L.; C.L. v. B.A. (NFP)
29A05-1209-JP-483
Juvenile. Affirms order in paternity action adjudicating issues regarding custody, parenting time, child support and attorney fees.

Clifton T. Massey v. Reana Beard (NFP)  
02A05-1208-SC-399
Small claim. Affirms order awarding $4,240 to Beard in a landlord/tenant dispute.

In the Matter of the Invol. Term. of the Parent-Child Relationship of A.M.K. and A.O.K., minor children, and T.D., biological father, T.D. v. Indiana Department of Child Services (NFP)
02A03-1210-JT-452
Juvenile. Affirms order denying father’s motion to withdraw his voluntary consent to the termination of his parental rights.

James Brock Rodgers v. State of Indiana (NFP)
71A05-1302-CR-73
Criminal. Affirms conviction of Class D felony theft.

Vassil Marinov v. Bergen Car Company Inc. (NFP)  
79A02-1210-SC-897
Small claim. Dismisses appeal of judgment in favor of Bergen Car Company on Marinov’s claim for damages.

The Indiana Supreme Court and Tax Court posted no decisions at IL deadline.
 

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  1. I'm not sure what's more depressing: the fact that people would pay $35,000 per year to attend an unaccredited law school, or the fact that the same people "are hanging in there and willing to follow the dean’s lead in going forward" after the same school fails to gain accreditation, rendering their $70,000 and counting education worthless. Maybe it's a good thing these people can't sit for the bar.

  2. Such is not uncommon on law school startups. Students and faculty should tap Bruce Green, city attorney of Lufkin, Texas. He led a group of studnets and faculty and sued the ABA as a law student. He knows the ropes, has advised other law school startups. Very astute and principled attorney of unpopular clients, at least in his past, before Lufkin tapped him to run their show.

  3. Not that having the appellate records on Odyssey won't be welcome or useful, but I would rather they first bring in the stray counties that aren't yet connected on the trial court level.

  4. Aristotle said 350 bc: "The most hated sort, and with the greatest reason, is usury, which makes a gain out of money itself, and not from the natural object of it. For money was intended to be used in exchange, but not to increase at interest. And this term interest, which means the birth of money from money, is applied to the breeding of money because the offspring resembles the parent. Wherefore of an modes of getting wealth this is the most unnatural.

  5. Oh yes, lifetime tenure. The Founders gave that to the federal judges .... at that time no federal district courts existed .... so we are talking the Supreme Court justices only in context ....so that they could rule against traditional marriage and for the other pet projects of the sixties generation. Right. Hmmmm, but I must admit, there is something from that time frame that seems to recommend itself in this context ..... on yes, from a document the Founders penned in 1776: " He has refused his Assent to Laws, the most wholesome and necessary for the public good."

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