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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. Welcome to Hendricks County where local and state statutes (especially Indiana Class C misdemeanors) are given a higher consideration than Federal statues and active duty military call-ups.

  2. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  3. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  4. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  5. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

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