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Opinions May 25, 2011

May 25, 2011
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The following opinion was posted after IL deadline Tuesday:
7th Circuit Court of Appeals

Roche Diagnostics Corp. v. Medical Automation Systems Inc., et al.
11-1446
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Modifies the District Court’s judgment of allowing the sale of MAS to Alere to proceed by incorporating the 11 hold-separate conditions listed in the 7th Circuit’s opinion. Alere and MAS can close their transaction if they respect those conditions and the District Court’s requirement that Roche receive its unimpaired period of exclusive use of MAS’ diabetes-product software. The District Court issued an injunction implementing its decision and it expires as soon as the arbitrator renders a decision or at the end of 2012 if the arbitrator hasn’t acted.

Today’s opinions
Indiana Supreme Court had posted no opinions at IL deadline.


Indiana Court of Appeals
Estate of Bradley Kinser, et al. v. Indiana Insurance Company
29A02-1009-PL-1093
Civil plenary. Reverses summary judgment in favor of Indiana Insurance on its motion for declaratory judgment that it’s not obligated to cover any losses following Bradley Kinser’s accident and death while driving his girlfriend’s car because his policy excluded coverage for a vehicle furnished or available for his regular use. A genuine issue of material fact remains as to the scope and extent that Kinser felt he needed his girlfriend’s permission to drive her car, which affects the determination of whether the car was furnished or available for his regular use.

Clint Cullen v. State of Indiana (NFP)
31A04-1009-CR-626
Criminal. Affirms denial of verified petition for judicial review of alleged refusal to submit to a chemical test.

Paternity of C.C.; M.L. v. J.C. (NFP)
15A01-1009-JP-534
Juvenile. Affirms order modifying physical custody of son in favor of child’s father.

Term. of Parent-Child Rel. of C.S.; C.S. v. I.D.C.S. (NFP)
49A05-1010-JT-719
Juvenile. Affirms termination of parental rights.

Anthony Johnson v. State of Indiana (NFP)
79A02-1010-CR-1439
Criminal. Affirms sentence following guilty plea to Class C felony intimidation while drawing or using a deadly weapon and Class D felony domestic battery in the presence of a child less than 16 years of age.


Joseph Wright v. Aquavalyn Wright (NFP)
45A03-1010-DR-556
Domestic relation. Affirms denial of petition for modification of child support.

Jimmy E. Griffin II v. State of Indiana (NFP)
48A02-1008-CR-919
Criminal. Affirms conviction of and sentence for Class C felony attempted battery and reverses conviction of Class C felony battery.

Otis Allen Tate, Jr. v. State of Indiana (NFP)
71A03-1009-CR-529
Criminal. Affirms conviction of Class B felony burglary.

Keith McClaran, et al. v. Mortgage Electronic Registration Systems, Inc. (NFP)
55A01-1006-MF-289
Mortgage foreclosure. Affirms judgment and grant of foreclosure to MERS as nominee for GMAC Mortgage Corp.

Elliott J. Welch v. State of Indiana (NFP)
49A02-1006-CR-673
Criminal. Affirms conviction of Class D felony theft.

Mark Smith v. State of Indiana (NFP)
43A04-1011-CR-697
Criminal. Affirms sentence following guilty plea to Class D felony operating a vehicle while intoxicated.

Michael Nordman v. State of Indiana (NFP)
85A02-1005-CR-638
Criminal. Affirms conviction of Class C felony intimidation.

Timothy S. Hanna v. State of Indiana (NFP)
29A05-1009-CR-557
Criminal. Affirms convictions of Class B felony criminal deviate conduct and two counts of Class C misdemeanor furnishing alcohol to a minor.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  2. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  3. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  4. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “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.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

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