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Opinions Nov. 19, 2013

November 19, 2013
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Indiana Supreme Court
Gersh Zavodnik v. Michela Rinaldi, et al
49S05-1311-CT-759
Civil tort. Reverses order of dismissal and remands to the trial court for further proceedings without prejudice to dismissal under Trial Rule 41(E) if warranted after further consideration.

Indiana Court of Appeals
Anthony Scott Bratcher v. State of Indiana 
90A02-1301-CR-3
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2013/november/11191302rrp.pdf
Criminal. Affirms 15-year executed sentence for conviction of Class B felony child molesting, finding that the sentence was not a maximum, since five years of the 20-year term was suspended to probation, and the sentence was not inappropriate. The majority also affirmed a condition of probation restricting Bratcher’s contact with children, but Judge Terry Crone dissented on that issue, finding the condition was unconstitutionally vague.

Fawn McDonald-Woolridge v. Jacob Woolridge (NFP)
53A01-1204-DR-593
Domestic relation. Affirms trial court’s admitting evidence and finding McDonald-Woolridge in contempt. Remands for trial court to revise order allowing the supervising agency to determine when the father’s parenting time would become unsupervised. Also remands for trial court to re-evaluate make-up parenting time and who should best pay for supervised parenting time.

Lindsey J. Barger v. State of Indiana (NFP)
32A05-1303-CR-136
Criminal. Affirms conviction for Class A misdemeanor battery.

Laray Carter v. State of Indiana (NFP)
71A03-1304-CR-127
Criminal. Affirms conviction for arson, a Class B felony, and resisting law enforcement, a Class A misdemeanor.

Morgan Govan v. State of Indiana (NFP)
02A04-1302-PC-91
Post conviction. Affirms denial of Govan’s petition for post-conviction relief.

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

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  1. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  2. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  3. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  4. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  5. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

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