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Opinions May 29, 2012

May 29, 2012
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7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

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

Indiana Court of Appeals

Jason Tye Myers v. Charles R. Deets III, Deets & Kennedy, and Great American Insurance Group
79A02-1108-CT-771
Civil tort. Affirms summary judgment for Edward Kennedy and the law firm on Myers’ claim for fraud against them and Deets. Myers couldn’t show that either Kennedy or the law firm was liable for Deets’ alleged fraudulent conduct. Reverses grant of Great American Insurance Group’s motion for judgment on the pleadings and remands for further proceedings. Judge Riley concurs in part and dissents in part.

Sisters of St. Francis Health Services, Inc. v. EON Properties, LLC
45A05-1110-PL-587
Civil plenary. Affirms summary judgment in favor of EON Properties regarding the Sisters of St. Francis Health Services’ liability under the lease agreements to pay the last two years of rent after another tenant left the premises early, but reverses regarding EON’s alleged damages. Remands for the continuation of the underlying litigation regarding damages.

Jason B. Saunders v. State of Indiana
06A01-1111-CR-596
Criminal. Affirms revocation of probation and order Saunders serve the remainder of his previously suspended sentence. Saunders waived his delay and due process argument and the trial court did not err in ordering him to serve the entirety of his suspended sentence because of a probation violation.

Philip G. Yeary v. State of Indiana (NFP)
78A01-1111-CR-528
Criminal. Affirms denial of several motions challenging the authority and impartiality of the senior judge who presided over Yeary’s post-conviction motions.

James H. Privette v. Sherri E. Privette (Morris) (NFP)
30A01-1111-DR-534
Domestic relation. Affirms order James Privette pay Sherri Privette Morris an amount equal to 33 percent of certain pension payments he has received to date and that Morris is entitled to 33 percent of all future pension payments.

Richard Clark Shockley v. Tammie Anne Shockley (NFP)
79A02-1111-PO-1047
Protective order. Affirms in part the issuance of a protective order against Richard Shockley for the protection of his former wife and her fiancé. Reverses the protective order as to Shockley’s teenage daughter.

Laura L. Mosier v. Review Board of the Indiana Department of Workforce Development and Department of Health (NFP)
93A02-1112-EX-1092
Agency appeal. Affirms dismissal by review board of Mosier’s appeal of the decision she was discharged for just cause.

Michael D. McGee v. State of Indiana (NFP)
18A04-1110-CR-566
Criminal. Affirms order revoking home detention and order McGee serve his entire sentence in the Department of Correction.

Ryan Sheckles v. State of Indiana (NFP)
10A04-1108-CR-423
Criminal. Affirms convictions of and sentence for two counts of murder.

Damien Townsend v. State of Indiana (NFP)
71A05-1109-CR-471
Criminal. Affirms conviction of Class B felony burglary.

Cornelio Martinez v. State of Indiana (NFP)
12A02-1111-CR-1023
Criminal. Affirms conviction of Class D felony operating a vehicle while intoxicated and determination that Martinez is a habitual controlled substance offender.

John R. Vicars v. State of Indiana (NFP)
84A01-1109-CR-403
Criminal. Affirms sentence following guilty plea to Class B felony dealing in methamphetamine.

The Indiana Supreme Court denied transfer to 15 cases for the week ending May 25.
 

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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  4. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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