ILNews

Opinions May 4, 2011

May 4, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Robert Eppl v. Christine DiGiacomo
45A03-1007-SC-402
Small claim. Reverses summary judgment for DiGiacomo and order that Eppl return DiGiacomo’s security deposit and pay her attorney fees. DiGiacomo’s mere delivery of the keys is not sufficient to demonstrate that Eppl actually accepted surrender of the premises and thereby released her from liability as of that date. Eppl’s itemization of damages letter was timely. Affirms determination that Eppl isn’t entitled to prevail in whole on his counterclaim for damages and remands with instructions to calculate the undisputed nail hole damage and expenses for repair of a broken light fixture to be deducted from the security deposit.

American Family Home Insurance Co. v. Rick Bonta
64A04-1008-CT-516
Civil tort. Reverses order granting a new trial in favor of Bonta. The trial court erred when it failed to make specific findings in setting aside the jury’s verdict and granting a new trial because the court concluded that the verdict was against the weight of the evidence. Also finds American Family Home Insurance has standing to bring the appeal. Remands for reinstatement of the jury’s verdict.

Jack M. Estes, II v. State of Indiana (NFP)
49A05-1009-CR-657
Criminal. Affirms sentence following revocation of probation.

Thomas James Newsom v. State of Indiana (NFP)
71A03-1008-CR-473
Criminal. Affirms conviction of and sentence for Class A felony conspiracy to commit murder.

Thomas D. Eckel v. State of Indiana (NFP)
30A01-1010-CR-522
Criminal. Affirms convictions of Class D felony operating a vehicle while intoxicated in a manner endangering a person while having a prior conviction within the past five years, and Class C misdemeanor operating a vehicle with a schedule I or II controlled substance or its metabolite in the body.

Michael Bracken v. State of Indiana (NFP)
23A05-1010-CR-667
Criminal. Affirms conviction of Class B felony methamphetamine manufacture and finding that Bracken is a habitual substance offender.

Cassandra Gardner v. State of Indiana (NFP)
49A02-1010-CR-1132
Criminal. Affirms conviction of Class A misdemeanor conversion.

A.B. v. Review Board (NFP)
93A02-1009-EX-988
Civil. Affirms denial of request for unemployment benefits.

Peggy Bracken v. Marine Corp. League Joseph Bray Det. Inc. (NFP)
84A05-1009-CT-593
Civil tort. Affirms grant of summary judgment for Marine Corp. League Joseph A. Bray Detachment Inc. with respect to Bracken’s slip and fall at the premises known as Northside Bingo.

Gary C. Williams v. State of Indiana (NFP)
57A05-1007-CR-416
Criminal. Affirms conviction of Class A felony possession with intent to deliver methamphetamine within 1,000 feet of a family housing complex.

Indiana Tax Court had posted no opinions at IL deadline.

 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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