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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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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