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Opinions June 22, 2012

June 22, 2012
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The following Indiana Supreme Court opinion was posted after IL deadline Thursday:
Roy Lee Ward v. State of Indiana
74S00-0907-PD-320
Death penalty. Affirms post-conviction court’s denial of Ward’s petition for relief from his death sentence. Ward raised several issues in his petition for relief, including ineffective assistance of counsel claims and that the state’s death penalty statute violates the Eighth Amendment.  

Friday’s opinions
7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals

Rafael Bocanegra v. State of Indiana
20A03-1108-CR-361
Criminal. Affirms conviction of Class C felony forgery. Holds that potential injury remains a sufficient basis for a finding of criminal intent in a forgery prosecution. Remands for vacation of his identity deception conviction. Senior Judge Sullivan dissents.

German American Financial Advisors & Trust Co. d/b/a German American Investment Svcs., PrimeVest Financial Svcs., Inc., and Jeffery W. Tooley v. Dennis M. Reed
19A01-1110-PL-428
Civil plenary. Reverses denial of German American Financial Advisors & Trust Co. and other appellants’ second motion to compel arbitration of Reed’s claims against them. Remands with instructions. Appellants have sustained their burden to show the existence of an enforceable arbitration agreement and that the disputed matter is the type of claim that is intended to be arbitrated under the agreement. Holds Reed must arbitrate his claims against GAFA under the doctrine of equitable estoppel. Judge Barnes concurs in part and dissents in part.

Karla P. Estrada v. State of Indiana
20A03-1110-CR-474
Criminal. Affirms convictions and 24-year sentence for two counts of Class B felony armed robbery and one count of Class C felony conspiracy to commit robbery. The trial court did not abuse its discretion by denying Estrada’s motion to dismiss or by admitting her statement to police into evidence. Her conspiracy conviction does not violate double jeopardy prohibition and her sentence is appropriate.

William T. Carter, derivatively on behalf of CNO Financial Group, Inc. v. R. Glenn Hilliard, et al.
49A02-1106-PL-582
Civil plenary. Affirms grant of CNO’s motion to dismiss Carter’s complaint for failure to make pre-suit demand on the board of directors. Carter has not alleged particularized facts to show that the director defendants face a substantial likelihood of liability for the conduct described in the amended complaint, nor has he alleged particularized facts to show that the director defendants breached their duties of good faith and loyalty. Therefore, Carter has not shown under Delaware law that pre-suit demand on the board would have been futile.

In Re: Prosecutor's Subpoena Regarding S.H. and S.C.; S.H. v. State of Indiana
73A01-1109-CR-468
Criminal. Affirms order granting the state’s petition to compel testimony by parents S.H. and S.C. by providing use immunity. Agrees with the state that because a prosecutor can compel testimony in grand jury proceedings by granting use immunity, the prosecutor has the same authority when conducting a pre-charge investigation without a grand jury.

Carl E. Thomas, III v. State of Indiana (NFP)
63A05-1108-CR-423
Criminal. Affirms conviction of Class A felony rape.

Kevin L. Govan v. State of Indiana (NFP)
02A05-1111-CR-663
Criminal. Affirms denial of motion to correct erroneous sentence.
 

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  1. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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