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Opinions June 11, 2012

June 11, 2012
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Indiana Supreme Court and Indiana Tax Court had issued no opinions by IL deadline.

7th Circuit Court of Appeals
IP of A West 86th Street 1, LLC, et al., v. Morgan Stanley Worldwide Capital Holdings, LLC
11-2891
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms District Court’s summary judgment in favor of Morgan Stanley, holding that the company was entitled to structure the sale of a loan as it wished and that the company did not err in allowing a purchaser to use escrow funds to finance the sale.

Indiana Court of Appeals
Michael Phelps v. State of Indiana
55A01-1108-CR-410
Criminal. Affirms 35-year sentence with five years suspended for a minor convicted as an adult of a Class A attempted murder for the school shooting of a classmate, holding that the sentence did not lead to an inference of gross disproportionality.

Delmas Sexton II v. State of Indiana
02A03-1110-CR-465
Criminal. Affirms 65-year sentence for a murder conviction in a Fort Wayne killing, holding that the trial court’s consideration of aggravating factors that resulted in a longer sentence was not double jeopardy or punishment for charges that had been dropped in a plea agreement.

Canon Harper v. State of Indiana
10A01-1012-CR-687
Criminal. Affirms on rehearing convictions of dealing in cocaine, possession of cocaine, dealing in a narcotic drug, and possession of a narcotic drug, all Class A felonies; two counts of resisting law enforcement, battery of a law enforcement officer, and possession of paraphernalia, all Class A misdemeanors; and maintaining a common nuisance, a Class D felony. The court ruled Harper constructively possessed the contraband.

David S. Healey v. State of Indiana
02A04-1110-CR-537
Criminal. Affirms convictions of and sentences for Class C felony failure to register as a sex offender and registering on a social media site that is used by people under age 18. Holds that amendments to Indiana’s Sex Offender Registry Act that require 10-year registration upon release from incarceration do not violate the state or federal Constitution because the registry is not intended to be punitive.

Michael L. Criss v. State of Indiana (NFP)
84A05-1111-CR-632
Criminal. Affirms order revoking community corrections placement and committing Criss to the Indiana Department of Correction for a Class C felony battery conviction.  

Ron Weathers v. Jessica Turley (NFP)
45A03-1109-CT-405
Civil tort. Reverses jury’s award of $86,250 in damages to Turley, holding that a list she provided the court showing losses contained no factual information and included items of no real monetary value. Remands for the court to award damages of $3,000.

Sucharita Ananthaneni v. Access Therapies, Inc. (NFP)
49A02-1109-PL-902
Civil plenary. Dismisses appeal of order denying motion to reconsider the refusal to set aside a default judgment entered in favor of Access Therapies, holding the appeal was not timely filed.

Steven G. Fraley v. State of Indiana (NFP)
76A03-1112-CR-565
Criminal. Affirms trial court’s order revoking probation.

Karen D. McGuinness v. Michael F. McGuinness (NFP)
49A02-1110-DR-937
Domestic relation. Reverses trial court’s decision setting aside the decree of dissolution of marriage and property settlement agreement, holding that the court erred in concluding the husband had entered into the agreement and signed other documents under duress because it failed to address the husband’s petition alleging fraud. Remands for further proceedings.

In the Matter of the Term. of the Parent-Child Rel. of: C.K. and R.K. v. Indiana Dept. of Child Services (NFP)
20A04-1110-JT-534
Juvenile. Affirms termination of father’s parental rights.
 

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  1. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  2. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  3. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

  4. I would like to discuss a commercial litigation case. If you handle such cases, respond for more details.

  5. Great analysis, Elizabeth. Thank you for demonstrating that abortion leads, in logic and acceptance of practice, directly to infanticide. Women of the world unite, you have only your offspring to lose!

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