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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. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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