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Opinions May 19, 2011

May 19, 2011
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The following Indiana Supreme Court opinion was posted after IL deadline May 18:

Cassie E. Pfenning v. Joseph Lineman, et al.
27S02-1006-CV-331
Civil. On transfer, affirms summary judgment in favor of the golfer, Joseph E. Lineman, and the Marion Elks Country Club Lodge #195. Reverses summary judgment granted to Whitey's 31 Club, Inc. and to the estate of the grandfather, Jerry A. Jones. Holds that the grandfather was responsible for exercising reasonable care in the supervision of the plaintiff, who was injured when she was left unsupervised on a golf cart. States that undisputed facts shown in the materials designated on summary judgment fail to conclusively establish a lack of duty on the part of Whitey's or the absence of a breach of duty or proximate cause. Remands for further proceedings.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
James S. Tracy v. Steve Morell, et al.
59A01-1009-PL-488
Civil plenary. Affirms trial court’s ruling that James Tracy failed to meet his burden of proof on his fraud claim in the sale of a tractor. Reverses court’s ruling that Tracy owed a balance on the promissory note, stating the contract for sale of the tractor is because there was a mutual mistake of fact between the parties and the contract violates public policy. Holds that Tracy is entitled to the contract for sale of the tractor and to a money judgment in the amount he has paid on the note together with interest.

Tameka Caldwell v. State of Indiana (NFP)
49A02-1007-CR-751
Criminal. Affirms sentences for two counts of Class C felony forgery, one count of Class D felony perjury, and two counts of Class D felony auto theft.

Mark Kramer, et al. v. Kramer Furniture and Cabinet Makers, Inc., et al. (NFP)
71A04-1008-PL-599
Civil plenary. Affirms entry of judgment in favor of Kramer Furniture and Cabinet Makers on Kramer Furniture’s complaint on account, for breach of contract and unjust enrichment on the Kramers’ counterclaim, and on the Kramers’ third-party complaint against Thomas Kramer.

Nathaniel Dawn v. State of Indiana (NFP)
49A02-1010-CR-1136
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

A.B. v. State of Indiana (NFP)
49A04-1010-JV-668
Juvenile. Affirms admission of contraband evidence. A.B. was not in custody when during a pat-down search police the found the contraband evidence, meaning A.B. was not entitled to a Miranda warning.

Carl C. Tucker v.State of Indiana (NFP)
05A05-1010-CR-779
Criminal. Affirms convictions for Class C felony operating a motor vehicle while privileges are forfeited for life and Class A misdemeanor resisting law enforcement. Affirms aggregate sentence of eight years.

Robert A. Nelson, Jr. v. State of Indiana (NFP)
91A02-1012-CR-1291
Criminal. Affirms conviction for Class C felony disarming a law enforcement officer.

Indiana Tax Court had posted no opinions at IL deadline.

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  1. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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