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Opinions May 20, 2011

May 20, 2011
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7th Circuit Court of Appeals
Digitech Computer, Inc. v. Trans-Care, Inc.
10-1525 & 10-1652
Civil. Affirms decisions on fraud and breach of contract, but vacates damages awarded and remands for a new calculation of damages and fees in accordance with opinion.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Paternity of M.W.; K.W. v. B.J.
82A05-1010-JP-639
Juvenile paternity. Reverses award of child custody to father, stating mother had been unaware a court hearing would involve custody and did not have counsel. Finds the trial court erred in denying mother’s motion for relief from judgment and remands for new hearing.

Jose Serrano-Lopez v. State of Indiana (NFP)
49A05-1005-CR-294
Criminal. Affirms conviction of one count of Class A felony rape, one count of Class A felony criminal deviate conduct, and other related charges.

Maurice A. Davis v. State of Indiana (NFP)
49A02-1008-PC-1005
Post-conviction relief petition. Affirms denial of post-conviction relief petition.

Timothy Robinson v. State of Indiana (NFP)
09A02-1007-CR-848
Criminal. Affirms the trial court’s ruling allowing the state to amend its charging information and reverses the court’s aggregate sentence of 66 years and remands for resentencing consistent with opinion.

Invol. Term. of Parent-Child Rel. of M.R. and A.M.; A.M. & B.M. v. IDCS (NFP)
79A02-1008-JT-1191
Juvenile termination of parental rights. Affirms termination of parental rights for both parents.

Donald Fulk, Jr. v. State of Indiana (NFP)
32A01-1007-CR-381
Criminal. Affirms conviction for Class B felony aggravated battery.

Justin Lee Cogswell v. State of Indiana (NFP)
29A02-1008-CR-1043
Criminal. Affirms conviction for Class A misdemeanor battery.

Indiana Tax Court had posted no opinions at IL deadline.




 

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  1. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  2. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  3. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  4. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  5. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

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