ILNews

Opinions June 2, 2011

June 2, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Larry Ault v. State of Indiana
49A04-1008-CR-492
Criminal. Reverses conviction of felony murder and remands for a new trial. There was sufficient evidence, without Ault’s testimony, to support a jury instruction on self-defense.

Shepherd Properties Co., d/b/a ShepCo Commercial Finishes v. International Union of Painters and Allied Trades, District Council 91
49A04-1010-PL-676
Civil plenary. Reverses denial of ShepCo’s motion to correct error challenging an order awarding attorney fees to International Union of Painters and Allied Trades, District Council 91 as the prevailing party in an action under the Indiana Access to Public Records Act. The trial court erroneously imposed upon ShepCo joint and several liability for statutory attorney fees under the APRA as there is no provision for the assessment of attorney fees against a private party in the event of improper nondisclosure under the act. Remands for further proceedings.

David W. Johnson and Priscilla Johnson v. Madison Regatta, Inc., and American Boat Racing Association (NFP)
39A01-1008-CT-398
Civil tort. Affirms summary judgment for Madison Regatta and American Boat Racing Association on the Johnsons’ complaint for damages after Priscilla was injured after being hit by a car while watching the regatta.

Estate of Maurice Kendrick, Sr., Susan K. Kussart, as Guardian of B.K. v. Estate of Maurice Kendrick, Sr., Crystal Burke-Potts, et al. (NFP)
46A03-1007-ES-361
Estate supervised. Reverses determination that B.K. failed to prove she is an heir of the deceased, Maurice Kendrick Sr. Remands with instructions.

Stephen Ray Jones, Jr. v. State of Indiana (NFP)
48A02-1006-CR-702
Criminal. Affirms sentences for Class C felony dealing in marijuana and Class A misdemeanor possession of marijuana.

Kem Linn v. State of Indiana (NFP)
27A02-1010-CR-1293
Criminal. Affirms sentences following guilty plea to Class C felonies corrupt business influence and fraud on a financial institution, and five counts of Class C felony forgery.

Herman Cecil Mallory v. State of Indiana (NFP)
02A04-1007-PC-493
Post conviction. Affirms denial of petition for post-conviction relief.

Jason L. Prater v. State of Indiana (NFP)
08A05-1009-CR-595
Criminal. Affirms conviction of Class D felony intimidation.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  2. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  3. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

  4. "The commission will review applications and interview qualified candidates in March and April." Riiiiiight. Would that be the same vaulted process that brought us this result done by "qualified candidates"? http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774 Perhaps a lottery system more like the draft would be better? And let us not limit it to Indiana attorneys so as to give the untainted a fighting chance?

  5. Steal a little, and they put you in jail. Steal a lot, and they make you king. Bob Dylan ala Samuel Johnson. I had a very similar experience trying to hold due process trampling bureaucrats responsible under the law. Consider this quote and commentary:"'When the president does it, that means it is not illegal,' [Richard] Nixon told his interviewer. Those words were largely seen by the American public -- which continued to hold the ex-president in low esteem -- as a symbol of his unbowed arrogance. Most citizens still wanted to believe that no American citizen, not even the president, is above the law." BWHaahaaahaaa!!!! http://www.philly.com/philly/blogs/attytood/When-the-president-does-it-that-means-it-is-not-illegal.html

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