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Opinions Nov. 14, 2013

November 14, 2013
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Indiana Court of Appeals
Darliss Wert and Gary Wert v. Meridian Security Insurance Company
15A01-1306-CT-252
Civil tort. Reverses summary judgment in favor of the insurance company on the Werts’ underinsured-motorist claim. Provisions in the insurance contract, when read together, make it unclear when the Werts should have filed a lawsuit to preserve their claim and may completely foreclose their ability to file a lawsuit.

The Novogroder Companies, Inc., v. Michael J. Massaro

45A03-1303-PL-98
Civil plenary. Affirms denial of injunctive relief to Novogroder Companies on its efforts to enjoin Massaro from cooking foods at the leased premises. The trial court did not abuse its discretion in refusing to grant preliminary injunctive relief to abate a nuisance.  

Donald Warren v. State of Indiana (NFP)
30A01-1301-CR-16
Criminal. Affirms convictions of Class B felonies burglary and conspiracy to commit burglary.

Christopher Roberts v. State of Indiana (NFP)
49A04-1304-CR-199
Criminal. Affirms conviction of Class A misdemeanor domestic battery.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of G.H., (Minor Child) and D.H.(Father) v. Marion County Department of Child Services, Child Advocates, Inc. (NFP)

49A02-1303-JT-284
Juvenile. Affirms termination of parental rights.

In Re the Matter of D.H., J.H., A.H., N.H., P.H., S.H., D.H., J.H., and D.H.; Children Alleged to be Children in Need of Services, T.H. (Mother) v. The Indiana Department of Child Services (NFP)
49A02-1304-JC-334
Juvenile. Affirms determination the children are children in need of services.

Louis Shepherd, Jr. v. State of Indiana (NFP)
06A01-1304-CR-169
Criminal. Affirms conviction of Class B felony criminal deviate conduct and sentence. Remands with instructions to correct the judgment of conviction such that it does not reflect a conviction on the Class D felony criminal confinement charge due to double jeopardy issues.  

Randy Terrell v. State of Indiana (NFP)
65A04-1303-CR-147
Criminal. Affirms sentence following convictions of Class B felony dealing in methamphetamine, two counts of Class B felony burglary, and Class D felonies possession of chemical reagents or precursors with intent to manufacture a controlled substance, maintaining a common nuisance and two counts of theft.

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

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  1. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

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