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Opinions Nov. 16, 2011

November 16, 2011
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals

Green River Motel Management of Dale, LLC, et al. v. State of Indiana
74A05-1104-PL-169
Civil plenary. Affirms denial of Green River’s motion for summary judgment. A state action that merely alters the flow of traffic or causes access by a more circuitous route can’t give rise to a taking as a matter of law. Affirms on all other respects.

Geneva-Roth Capital, Inc., et al. v. Akeala Edwards
49A02-1101-PL-43
Civil plenary. Affirms denial of LoanPoint USA’s motion to stay proceedings and compel arbitration in a putative class action lawsuit filed by Edwards and a purported class of people who got small, short-term payday loans from LoanPoint USA. Having concluded that the National Arbitration Forum as the arbitral forum was integral to the arbitration agreement, and given that the NAF is no longer available to conduct consumer arbitrations, the arbitration provision is null and void on grounds of impossibility.

Daniel Stevenson v. State of Indiana (NFP)
49A05-1103-CR-124
Criminal. Affirms convictions of two counts of Class A felony child molesting and sexual misconduct with a minor as a Class B felony and a Class C felony.

M.J. v. State of Indiana (NFP)
49A02-1103-JV-329
Juvenile. Affirms dispositional order that found M.J. to be a juvenile delinquent and placed him on probation.

Roy M. Strong and Independent Associates, Inc. v. Bertha McKinster, individually and as Attorney in fact for Robert McKinster (NFP)
49A02-1010-PL-1167
Civil plenary. Affirms jury verdict awarding Bertha McKinster $643,200 in damages on her suit for conversion, securities fraud, racketeering, breach of fiduciary duty, constructive fraud, and negligence.

Willie Andrew Alsanders v. State of Indiana (NFP)
71A03-1104-CR-136
Criminal. Affirms conviction of Class C felony operating a motor vehicle after lifetime suspension of driving privileges.

Lewis R. Ross, Jr. v. State of Indiana (NFP)
84A04-1103-CR-172
Criminal. Affirms revocation of probation.

D.B. v. State of Indiana (NFP)
02A03-1103-JV-166
Juvenile. Affirms true finding that D.B. committed what would be Class C felony child molesting if committed by an adult.

Joseph D. Miller v. State of Indiana (NFP)
64A03-1105-CR-204
Criminal. Affirms conviction of and sentence for Class A felony child molesting.

Michael K. Boone v. State of Indiana (NFP)
45A04-1104-CR-187
Criminal. Affirms sentence following guilty plea to Class B felony dealing in cocaine.

Gerald D. James v. State of Indiana (NFP)
88A05-1104-CR-250
Criminal. Affirms revocation of probation.

Justin B. Troxell v. State of Indiana (NFP)
48A02-1104-CR-352
Criminal. Affirms revocation of probation after Troxell was charged with attempted rape and conspiracy to commit rape.

Elvis A. Hall v. State of Indiana (NFP)
35A02-1106-CR-587
Criminal. Affirms sentence following guilty plea to Class D felony theft.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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