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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. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

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  3. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  4. JLAP and other courtiers ... Those running court systems, have most substance abuse issues. Probably self medicating to cover conscience issues arising out of acts furthering govt corruption

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

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