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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. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  2. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  3. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

  4. A great idea! There is absolutely no need to incarcerate HRC's so-called "super predators" now that they can be adequately supervised on the streets by the BLM czars.

  5. One of the only qualms I have with this article is in the first paragraph, that heroin use is especially dangerous because it is highly addictive. All opioids are highly addictive. It is why, after becoming addicted to pain medications prescribed by their doctors for various reasons, people resort to heroin. There is a much deeper issue at play, and no drug use should be taken lightly in this category.

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