ILNews

Opinions May 29, 2012

May 29, 2012
Keywords
Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

ADVERTISEMENT