ILNews

Opinions Nov. 14, 2013

November 14, 2013
Keywords
Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

ADVERTISEMENT