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Opinions May 2, 2012

May 2, 2012
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7th Circuit Court of Appeals posted no opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals

Andrew C. Kesling, individually and as Trustee of the Andrew C. Kesling Trust v. Peter C. Kesling, et al.
45A03-1106-PL-271
Civil plenary. Reverses judgment in favor of father Peter Kesling that found he was entitled to rescission of stock purchase agreements entered into on June 25, 2004. Finds that Andrew Kesling’s trust declaration did not deprive him status as a shareholder and that he was a shareholder when he entered into the purchase agreements with Peter Kesling. Remands for the court to rule on the claims raised by Andrew Kesling’s siblings.

Leondre Woodson v. State of Indiana
53A01-1109-PC-466
Post conviction. Affirms denial of petition for post-conviction relief in which Woodson claimed he received ineffective assistance of trial counsel. Woodson failed to establish that police detention of him until they obtained consent to search the rental car was unreasonable under Article I, Section 11 of the Indiana Constitution, so he didn’t establish that his trial counsel’s failure to preserve this issue for appeal prejudiced him. He also failed to establish that his consent to search the car was invalid.

Todd Edward Lang v. Jessica Lynn Lang (NFP)
17A03-1109-DR-436
Domestic relation. Affirms decision to award custody of the minor children to Jessica Lang and to order the parties to equally share the expense of the custody evaluation.

Eric R. Jeter v. State of Indiana (NFP)
45A03-1109-CR-429
Criminal. Affirms sentence for two convictions of Class C felony robbery and one count of Class D felony theft.

Marcie L. Grant v. State of Indiana (NFP)
13A01-1109-PC-422
Post conviction. Affirms denial of petition for post-conviction relief.

Ronnie Jones v. State of Indiana (NFP)
17A04-1108-CR-444
Criminal. Affirms sentence for murder, Class A felony attempted murder, and Class C felony criminal recklessness.
 

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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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