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Opinions May 9, 2013

May 9, 2013
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Indiana Court of Appeals
Bonnie Moryl, as Surviving Spouse and Personal Rep. of the Estate of Richard A. Moryl, Deceased v. Carey B. Ransone, M.D.; La Porte Hospital; Dawn Forney, RN; Wanda Wakeman, RN BSBA; et al.
46A04-1112-CT-710
Civil tort. Affirms summary judgment for the defendants, on which the trial court determined that Bonnie Moryl’s proposed complaint for medical malpractice was not timely filed with the Indiana Department of Insurance. The trial court properly found that her complaint sent to the DOI by FedEx was filed one day late under the two-year statute of limitations.

G.H. v. State of Indiana
49A02-1207-JV-532
Juvenile. Reverses adjudication that G.H. committed what would be Class D felony criminal gang activity if committed by an adult. The state failed to prove he had a specific intent to further a gang’s criminal goals, which is necessary to sustain an adjudication.

In Re: the Paternity of M.R.; A.K. v. J.R. (NFP)
50A03-1211-JP-457
Juvenile. Affirms custody modification order granting father J.R. physical custody of M.R.

Ronald L. Hoffman and Christy G. Hoffman, and Johnson Sunnybrook Farm, LLC, an Indiana Limited Liability Co. v. Lake Co. Indiana, a unit of government, its County Council, et al. (NFP)

45A03-1206-PL-291
Civil plenary. Affirms summary judgment for Singleton Stone as the opposed landowners to the rezoning had no standing to challenge the rezoning.

Bradley Ryan v. State of Indiana (NFP)
34A02-1211-CR-921
Criminal. Affirms convictions of murder and Class A felony robbery resulting in serious bodily injury.

Eldon E. Harmon v. State of Indiana (NFP)

20A05-1212-CR-634
Criminal. Affirms 16-year sentence for Class B felony dealing in methamphetamine.

James Q. Bryant v. State of Indiana (NFP)
49A02-1211-PC-869
Post conviction. Affirms denial of petition for post-conviction relief.

Carmell D. Nelson v. State of Indiana (NFP)

02A03-1208-CR-349
Criminal. Affirms convictions of Class A felony attempted murder and Class B felony unlawful possession of a firearm by a serious violent felon.

Mark A. Centofante v. State of Indiana (NFP)

49A05-1207-CR-360
Criminal. Affirms conviction of Class B felony sexual misconduct with a minor.

Demetrick Cameron v. State of Indiana (NFP)
48A02-1209-CR-733
Criminal. Affirms revocation of probation for failure to pay child support.

Deborah Chandler v. State of Indiana (NFP)
15A04-1211-CR-560
Criminal. Affirms revocation of probation and order Chandler serve 10 years of her 16-year suspended sentence in the Department of Correction.

LP XXIV, LLC d/b/a Las Palmas Apartment Homes and SLS Management, Inc. v. American Family Mutual Insurance Company and Carl Long (NFP)

49A04-1207-PL-340
Civil plenary. Affirms denial of Las Palmas’ and SLS’s motion for summary judgment on the issue of agency.

The Indiana Supreme Court and Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
 

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  1. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  2. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  3. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  4. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  5. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

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