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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. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  2. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  4. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

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