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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. I need an experienced attorney to handle a breach of contract matter. Kindly respond for more details. Graham Young

  2. I thought the slurs were the least grave aspects of her misconduct, since they had nothing to do with her being on the bench. Why then do I suspect they were the focus? I find this a troubling trend. At least she was allowed to keep her law license.

  3. Section 6 of Article I of the Indiana Constitution is pretty clear and unequivocal: "Section 6. No money shall be drawn from the treasury for the benefit of any religious or theological institution."

  4. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  5. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

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