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Opinions Nov. 10, 2010

November 10, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Scott D. Wells v. Herman Bud Bernitt, et al.
53A01-0910-CV-494
Civil. Affirms summary judgment in favor of the Bernitts on Wells’ claim against them for defamation because there was no admissible evidence before the court to establish actual malice, an element of defamation. Affirms summary judgment in favor of J.D. Maxwell and Travis Coryea as to Wells’ claim for negligent and intentional torts finding the evidence establishes the officers didn’t use excessive force. Affirms summary judgment for Wells on the Bernitts’ cross appeal alleging abuse of process.

Robert J. Blanford v. Judy D. Blanford
65A01-1004-DR-181
Domestic relation. The trial court erred in calculating Robert’s child support obligations on two worksheets and treating each son as an only child without an explanation of its reasons. Affirms determination and allocation of extraordinary educational expenses as part of Robert’s support obligations related to college education. Reverses assigning funds in his 401(k) to his children rather than Robert and Judy upon S.B.’s completion of a bachelor’s degree because this assignment was a post-dissolution modification of the division of marital assets. Remands with instructions.

Kevin Barton v. State of Indiana
18A04-0910-CR-609
Criminal. Affirms Class C felony conviction of failure to return to the scene of an accident resulting in death. The trial court didn’t err when it denied Barton’s motion to dismiss, which asserted that the state was barred under collateral estoppel principles from prosecuting him, because he failed to comply with Indiana Code Section 9-26-1-1. He waived his claim of Doyle violations by the prosecutor during closing statements and the trial court properly determined the substance of Barton’s proposed instruction was adequately covered by other jury instructions.

C & R Realty, LLC v. Jerry Tooley (NFP)
26A01-1007-PL-391
Civil plenary. Affirms denial of C&R Realty’s motion to set aside a default judgment under Trial Rule 60(B).

Quentin L. Taylor v. State of Indiana (NFP)
02A04-1006-CR-388
Criminal. Affirms sentence following guilty pleas to three counts of Class B felony robbery, one count of Class B felony criminal confinement, and two counts of Class C felony battery.

Mamadou Sow v. State of Indiana (NFP)
49A02-1004-CR-516
Criminal. Affirms Class A misdemeanor conviction of resisting law enforcement.
 
Damon A. Myers v. State of Indiana (NFP)
49A02-1001-PC-154
Post conviction. Affirms denial of petition for post-conviction relief.

Kenneth J. DeBord v. State of Indiana (NFP)
87A01-1006-PC-290
Post conviction. Reverses denial of petition for post-conviction relief. Remands for further proceedings.
 
Paul Catterall v. James Donbrock d/b/a Donbrock Enterprises (NFP)
76A04-1004-SC-219
Small claims. Affirms conclusion Donbrock could collect maintenance fees from Catterall from Jan. 5, 2002, to July 12, 2002. The court erred by ordering Donbrock to pay fees for months prior to Jan. 5 and prejudgment interest. Reverses ruling regarding fees prior to Jan. 5 and remands for an order consistent with the opinion.

Jean D. Schoknecht v. Susan E. Dunlap (NFP)
49A04-0912-CV-745
Civil. Reverses Schoknecht’s claims as a landlord against tenant Dunlap.
 
R.B. v. Review Board (NFP)
93A02-1005-EX-589
Civil. Reverses denial of claim for unemployment benefits.
 
Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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