ILNews

Opinions Nov. 22, 2013

November 22, 2013
Keywords
Back to TopE-mailPrintBookmark and Share

The following opinions were posted after IL deadline Thursday:
7th Circuit Court of Appeals
Patriotic Veterans Inc. v. State of Indiana, et al.
11-3265
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Reverses District Court’s decision that the federal Telephone Consumer Protection Act preempts Indiana Automated Dialing Machine Statute. Because the District Court decided the case on the basis of preemption, it never had reason to address the arguments regarding the constitutionality of the statute. Remands for an evaluation of whether Indiana’s statute violates the free speech rights protected by the First Amendment to the United States Constitution.

Indiana Supreme Court
Danielle Kelly v. State of Indiana
30S01-1303-CR-220
Criminal. Reverses denial of Kelly’s motion to suppress evidence found in a search of her vehicle and inculpatory statements she made to police. The warrantless seizure of Kelly’s person and the search of her vehicle violated her constitutional rights.

Friday’s opinions
Indiana Supreme Court

Harold O. Fulp, Jr. v. Nancy A. Gilliland
41S01-1306-TR-426
Trust. Reverses denial of specific performance of the purchase agreement to Harold Fulp Jr. Under the terms of the trust and the Trust Code, Ruth Fulp owed her children no fiduciary duties and was free to sell her farm at less than fair market value; Harold Fulp Jr. is therefore entitled to specific performance. Concludes that Ruth Fulp did not effectively amend the trust by selling the farm.

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

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

ADVERTISEMENT