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Opinions June 6, 2012

June 6, 2012
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7th Circuit Court of Appeals had issued no Indiana opinions by IL deadline.

Indiana Supreme Court and Indiana Tax Court had issued no opinions by IL deadline.

Indiana Court of Appeals
Keith D. Jackson v. State of Indiana
20A03-1105-CR-222
Criminal. Reverses sentence for possession of a firearm by a serious violent felon and remands for resentencing, holding the trial court erred by imposing a suspended sentence of four years contrary to the accepted plea agreement.

W.D., a minor by his parents R.D. and S.D., and R.D. and S.D., individually v. City of Nappanee
20A05-1112-CT-698
Civil tort. Affirms trial court’s summary judgment in favor of city of Nappanee, holding that there was no breach of duty of care on the city’s part when a child was found floating face-down in a public pool and rescued by lifeguards who resuscitated him.

In the Matter of the Term. of the Parent-Child Rel. of: D.W., K.K., Ke.K., & L.W.; and J.K. v. The Indiana Dept. of Child Services
85A05-1109-JT-591
Juvenile. Affirms trial court’s termination of father’s parental rights to his four minor children, holding that the trial court’s findings supported the conclusion that the conditions causing the children’s removal from their father’s home will not be remedied.

Teri Woenkhaus v. David Woenkhaus (NFP)
34A02-1111-DR-1041
Domestic relation. Affirms trial court’s property division order in dissolution of marriage, but remands for the court to award the parties’ income tax refunds to the wife.

Eric Liscomb v. State of Indiana (NFP)
49A02-1108-CR-715
Criminal. Affirms convictions of and sentences for felony murder, Class B felony robbery, Class A misdemeanor carrying a handgun without a license and Class C felony conspiracy to commit robbery.

Robert Johnson, Jr. v. State of Indiana (NFP)
49A02-1108-CR-712
Criminal. Affirms convictions of felony murder and Class B felony robbery.

M. Loren Fugate v. State of Indiana (NFP)
18A04-1110-CR-529
Criminal. Affirms revocation of probation and home detention and the order that Fugate serve the remainder of his sentence in the Department of Correction.

Frank E. Puzynski v. State of Indiana (NFP)
71A05-1111-CR-590
Criminal. Affirms convictions of and sentence for Class C felony operating a motor vehicle while intoxicated and Class C felony operating a motor vehicle after forfeiture of license for life.

Jermaine Young v. State of Indiana (NFP)
49A02-1109-PC-881
Post conviction. Remands with instructions to vacate Young’s conviction of Class C felony possession of cocaine, holding that his attorney’s failure to raise the issue of double jeopardy constitutes ineffective assistance of counsel. Affirms the court in all other respects.

Mark Van Eaton and Cynthia Van Eaton Vallimont v. German American Bancorp (NFP)
42A01-1108-MF-434
Mortgage foreclosure. Remands for the court to amend receivership order.

Faye E. Warfield v. Review Board of the Indiana Department of Workforce Development and IDWD U.I. Claims Adjudication (NFP)
93A02-1110-EX-915
Miscellaneous. Affirms Indiana Department of Workforce Development Review Board’s dismissal of Warfield’s appeal.

 

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  1. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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