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Opinions June 28, 2011

June 28, 2011
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Indiana Supreme Court
Randy Horton v. State of Indiana
48S04-1106-CR-386
Criminal. Affirms convictions of child molesting but reverses 324-year sentence and orders it be reduced to an aggregate executed term of 110 years. Enhances one Class A felony conviction to 50 years and orders the 30-year advisory sentence on the remaining Class A felony convictions. Orders the Class C felony convictions to be four years on each count. Remands for the trial court to issue an amended sentencing order.  

Indiana Court of Appeals
Term. of Parent-Child Rel. of D.L., et al.; F.L. and C.B. v. I.D.C.S.
20A05-1009-JT-635
Juvenile. Dismisses appeal by the parents of the termination of parental rights order. The parents’ notices of intent to appeal were not “functionally equivalent” to a notice of appeal and the notices of intent do not serve to initiate the parents’ appeal on the date of filing. Finds no clear error in the decision of the trial court to terminate parental rights.

SJS Refractory Co., LLC, et al. v. Empire Refractory Sales, Inc.
02A04-1004-CT-233
Civil tort. Reverses $158,626 in damages to Empire for converted property that was subsequently returned and $12,600 in damages for certain materials. There is no evidence to support these awards. Reverses award of punitive damages on the breach of fiduciary duty claim. The complaint did not have a request for punitive damages on this claim and no request for these damages was made at trial. Affirms damages awarded to Empire for the converted property and tools not returned and the nearly $80,000 in attorney fees for conversion. Affirms order that Johnson, Salwolke, and SJS jointly and severally pay Empire’s attorneys $100,000. Remands for calculation of damages.

Winston D. Wilson v. State of Indiana (NFP)
49A02-1012-CR-1302
Criminal. Affirms convictions of Class D felony theft and Class B misdemeanor criminal mischief.

Rodney L. Houser v. State of Indiana (NFP)
92A03-1007-CR-399
Criminal. Affirms murder conviction.

Jane Gonzales, et al. v. Mike Fitousis, et al. (NFP)
09A05-1006-CT-375
Civil tort. Affirms jury verdict in favor of Indiana Head that it owed no duty to protect Gonzales’ daughter, who was employed by Indiana Head and killed by a co-worker.

Thomas Lee Keller, et al. v. Daniel Ray Keller (NFP)
17A03-1012-CC-644
Civil collections. Affirms calculation of the amount of tillable acreage as well as the determination that certain personal property should not be subject to the sale by public auction. Affirms calculation of cash rent due on two family farms.

Mark Wheatley v. Utility Trailers of Indianapolis, Inc. (NFP)
49A05-1012-CT-788
Civil tort. Affirms order denying Wheatley’s second motion for leave to amend his complaint against Utility Trailers of Indianapolis.

Ponie Clark v. State of Indiana (NFP)
71A03-1006-CR-340
Criminal. Affirms murder conviction.

Term. of Parent-Child Rel. of B.D.; A.D. v. I.D.C.S. (NFP)
52A05-1012-JT-803
Juvenile. Affirms termination of parental rights.

Term. of Parent-Child Rel. of Q.W., et al.; J.C. v. I.D.C.S. (NFP)
49A05-1010-JT-666
Juvenile. Affirms involuntary termination of parental rights.

Indiana Tax Court had posted no opinions at IL deadline.

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  1. 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.

  2. 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.

  3. 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.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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