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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. 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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