ILNews

Opinions Nov. 21, 2011

November 21, 2011
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7th Circuit Court of Appeals had issued no opinions as of IL deadline.

Indiana Supreme Court had issued no opinions as of IL deadline.

Indiana Court of Appeals

Jim Norris v. Personal Finance
27A04-1104-SC-183
Small claim. Reverses trial court’s decision denying Norris relief, holding that the trial court erred in concluding that under Trial Rule 4.16, Norris’ parents – when served a notice of claim against Norris – had a duty to inform the court that Norris did not live with them.

Adron Herschel Tancil v. State of Indiana
45A03-1101-CR-10
Criminal. Affirms trial court’s denial of motion for a new trial, holding that the trial court did not abuse its discretion. Cites a previous Indiana Supreme Court decision stating that intent to kill can be inferred from the nature of the attack, including the duration, brutality and relative strengths of the defendant and victim.

Janice L. Davis v. Shelter Insurance Companies, State Farm Insurance Companies, and Jennifer L. Culver
02A05-1105-CT-256
Civil tort. Affirms trial court’s decision to grant summary judgment in favor of Culver and State Farm Insurance Companies, holding no genuine issue of material fact exists and that Davis failed to prove that her claim of equitable estoppel applies.

Myron L. Johnson v. State of Indiana
71A04-1103-CR-194
Criminal. Affirms revocation of probation, holding that any failure by Michigan and Indiana to strictly comply with the Interstate Compact with respect to a probable cause hearing for Johnson before his transfer back to Indiana did not deprive the trial court of jurisdiction to revoke his probation, either as to subject matter or personal jurisdiction.

George B. Warren v. State of Indiana (NFP)
71A03-1004-CR-286
Criminal. Affirms convictions of and sentence for two counts of Class B felony robbery.

Dewayne L. Campbell v. State of Indiana (NFP)
27A02-1102-CR-143
Criminal. Affirms convictions for Class B felony conspiracy to commit dealing in methamphetamine and associated charges.

Bruce King v. State of Indiana (NFP)
49A04-1105-CR-214
Criminal. Affirms trial court’s revocation of probation and order that King serve previously suspended sentence.

Leland K. Roberts v. Hart & Sons Realty, LLC (NFP)
33A01-1103-PL-116
Civil plenary. Affirms trial court’s judgment quieting title to a tract of land in favor of Hart & Sons Realty.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. 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?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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