ILNews

Opinions June 11, 2012

June 11, 2012
Keywords
Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  2. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

  3. If our State Government would sue for their rights to grow HEMP like Kentucky did we would not have these issues. AND for your INFORMATION many medical items are also made from HEMP. FOOD, FUEL,FIBER,TEXTILES and MEDICINE are all uses for this plant. South Bend was built on Hemp. Our states antiquated fear of cannabis is embarrassing on the world stage. We really need to lead the way rather than follow. Some day.. we will have freedom in Indiana. And I for one will continue to educate the good folks of this state to the beauty and wonder of this magnificent plant.

  4. Put aside all the marijuana concerns, we are talking about food and fiber uses here. The federal impediments to hemp cultivation are totally ridiculous. Preposterous. Biggest hemp cultivators are China and Europe. We get most of ours from Canada. Hemp is as versatile as any crop ever including corn and soy. It's good the governor laid the way for this, regrettable the buffoons in DC stand in the way. A statutory relic of the failed "war on drugs"

  5. Cannabis is GOOD for our PEOPLE and GOOD for our STATE... 78% would like to see legal access to the product line for better Hoosier Heath. There is a 25% drop in PAIN KILLER Overdoses in states where CANNABIS is legal.

ADVERTISEMENT