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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. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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