Opinions March 7, 2012

March 7, 2012
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The 7th Circuit Court of Appeals, Indiana Supreme Court and Indiana Tax Court had no opinions at IL deadline.

Indiana Court of Appeals

Angela C. Garrett v. State of Indiana
Criminal. Reverses Class A felony conviction of dealing methamphetamine, finding that the trial court should have instructed the jury on a lesser-included offense of possession of methamphetamine. Remands for a new trial.

Ronald E. Izynski and Linda Izynski, et al. v. Chicago Title Insurance Company
Civil plenary. Reverses trial court’s judgment in favor of Chicago Title, remanding for the court to determine whether the Izynskis might have an action for negligent misrepresentation against Chicago Title regarding a real estate easement dispute, and if so whether the elements of that tort are satisfied and to what extent they sustained damages.

Antwain D. Sanders v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony resisting law enforcement with a vehicle, finding the evidence was sufficient to support the conviction.  

Clinton E. Sams v. State of Indiana (NFP)
Criminal. Affirms conviction for Class B felony dealing in a controlled substance and trial court’s finding that defendant is a habitual offender.

Deer Park Management v. Giovanni Zanovello (NFP)
Small claims. Affirms judgment in favor of tenant Giovanni Zanovello, as Deer Park Management did not provide him with timely notice in a move-out letter. Judge Carr Darden dissents, finding the move-out letter was timely and he would reverse the trial court’s decision.
Term. of Parent-Child Rel. of M.B., J.B., & T.B.; Y.B. v. Indiana Dept. of Child Services, and Child Advocates, Inc. (NFP)
Parental rights termination. Affirms involuntary termination of parental rights to two children, finding clear and convincing evidence to support the judgment.

Marquis T. Hawkins v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement, finding sufficient evidence to support the determination that defendant knowingly fled from authorities.


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  1. Heritage, what Heritage? The New Age is dawning .... an experiment in disordered liberty and social fragmentation is upon us .... "Carmel City Council approved a human rights ordinance with a 4-3 vote Monday night after hearing about two hours of divided public testimony. The ordinance bans discrimination on the basis of sexual orientation or gender identity, among other traits. Council members Rick Sharp, Carol Schleif, Sue Finkam and Ron Carter voted in favor of it. The three council members opposing it—Luci Snyder, Kevin Rider and Eric Seidensticker—all said they were against any form of discrimination, but had issues with the wording and possible unintended consequences of the proposal." Kardashian is the new Black.

  2. Can anyone please tell me if anyone is appealing the law that certain sex offenders can't be on school property. How is somebody supposed to watch their children's sports games or graduations, this law needs revised such as sex offenders that are on school property must have another non-offender adult with them at all times while on school property. That they must go to the event and then leave directly afterwards. This is only going to hurt the children of the offenders and the father/ son mother/ daughter vice versa relationship. Please email me and let me know if there is a group that is appealing this for reasons other than voting and religion. Thank you.

  3. Should any attorney who argues against the abortion industry, or presents arguments based upon the Founders' concept of Higher Law, (like that marriage precedes the State) have to check in with the Judges and Lawyers Assistance Program for a mandatory mental health review? Some think so ... that could certainly cut down on cases such as this "cluttering up" the SCOTUS docket ... use JLAP to deny all uber conservative attorneys licenses and uber conservative representation will tank. If the ends justify the means, why not?

  4. Tell them sherry Mckay told you to call, they're trying to get all the people that have been wronged and held unlawfully to sign up on this class action lawsuit.

  5. Call Young and Young aAttorneys at Law theres ones handling a class action lawsuit