ILNews

Opinions May 13, 2014

May 13, 2014
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Indiana Supreme Court
In re Mental Health Actions for A.S., Sara Townsend
10S01-1402-MH-113
Mental health. Reverses finding that Sara Townsend was in indirect civil contempt after completing an application to initiate immediate emergency treatment for her co-worker, A.S. The trial court lacked statutory authority to find her in contempt and her actions did not place her under the trial court’s authority to impose sanctions as an inherent power of the judiciary.

McLynnerd Bond, Jr. v. State of Indiana
45S03-1309-CR-597
Criminal. Reverses denial of Bond’s motion to suppress confession to murder given after a detective implied during an interrogation that he would not receive a fair trial because of his race. This technique went too far in intentionally misleading a suspect as to his constitutionally guaranteed rights to a fair trial and impartial jury because of his race.

Indiana Court of Appeals
Daylene M. (Atchison) Coleman v. Scott A. Atchison
90A02-1311-DR-921
Domestic relation. Reverses denial of incapacity maintenance for Coleman and the equal division of the marital estate. The trial court’s judgment on the division is not supported by its finding. Remands with instructions for the dissolution court to either award her incapacity maintenance or to identify specific extenuating circumstances directly related to the statutory criteria for awarding such maintenance that would justify denying the award. Also instructs the court to award Coleman more than 50 percent of the marital estate consistent with its finding that she has rebutted the presumption of an equal division.

Antonio Beaven v. State of Indiana (NFP)
49A02-1309-CR-811
Criminal. Affirms adjudication as a habitual offender.

The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
 

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  1. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. 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.

  4. 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.

  5. 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.

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