ILNews

Opinions March 2, 2011

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

Indiana Court of Appeals
County Council of Porter County v. Northwest Indiana Regional Dev. Authority, et al.
37A04-1004-CT-291
Civil tort. Affirms summary judgment for the Northwest Indiana Regional Development Authority and the denial of the council’s motion for summary judgment on the council’s complaint seeking declaratory judgment it has the right to withdraw from the RDA. Porter County cannot withdraw from the RDA and the council waived its argument that the original legislation establishing the RDA Act is unconstitutional special legislation.

National Wine & Spirits v. Indiana Alcohol & Tobacco Commission, et al.
49A02-1006-PL-612
Civil plenary. Affirms order dismissing National Wine’s petition for judicial review of the issuance of a wine and liquor permit to competitor Southern Wine & Spirits of Indiana. National Wine didn’t meet the statutory standing requirement for judicial review and its due process argument that it is entitled to standing fails.

Loren C. Lewis v. State of Indiana (NFP)
57A04-1008-CR-539
Criminal. Affirms sentence following conviction of nonsupport of a dependent child as a Class D felony.

Tauheedah Williams v. State of Indiana (NFP)
49A02-1007-CR-720
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated.

Michael Thompson v. State of Indiana (NFP)
49A02-1008-CR-842
Criminal. Affirms order revoking probation.

Brian Beaman v. State of Indiana (NFP)
49A02-1005-CR-583
Criminal. Affirms conviction of Class A misdemeanor battery.

Kenneth Carson v. State of Indiana (NFP)
67A04-1009-CR-585
Criminal. Remands for clarification of the number of days of credit time Carson should receive.

Steven Sanders v. State of Indiana (NFP)
58A01-1008-CR-388
Criminal. Affirms sentence imposed following revocation of probation.

Valdez Leshawn Reed v. State of Indiana (NFP)
34A02-1005-CR-624
Criminal. Affirms convictions of Class A felony dealing in cocaine and Class B misdemeanors false informing and visiting a common nuisance.

Joni Shaw v. Covenant Care Waldron Home LLC (NFP)
73A04-1005-SC-317
Small claim. Affirms judgment in favor of Covenant Care in an action for the payment of fees incurred while Shaw’s mother was a resident at Waldron Health & Rehab Center.

Justin Floyd v. State of Indiana (NFP)
49A02-1005-CR-550
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.

Tommy A. Watson, Jr. v. State of Indiana (NFP)
48A04-1006-CR-406
Criminal. Affirms termination of Watson’s participation in a drug court program and order that he serve a sentence that had been stayed pending his successful completion of that program.

Indiana Spine Group, P.C. v. Hardigg Industries (NFP)
93A02-1008-EX-933
Civil. Reverses denial of Indiana Spine Group’s application for adjustment of claim for provider fee to recover the unpaid balance for services it rendered to an employee of Hardigg. Remands for further proceedings.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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