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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. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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