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Opinions Nov. 30, 2012

November 30, 2012
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Indiana Supreme Court
State of Indiana Ex Rel., Indiana Supreme Court Disciplinary Commission v. Derek A. Farmer
94S00-1103-MS-165
Attorney discipline. Rejected petition to enjoin unauthorized practice of law, holding that the Disciplinary Commission failed to prove that Farmer had engaged in the unauthorized practice of law, and failed to convince the court that Farmer could not have reasonably expected to be authorized for temporary admission due to a pending disciplinary proceeding.

Indiana Court of Appeals
In the Matter of the Adoption of Minor Children: C.B.M. and C.R.M.: C.A.B. v. J.D.M. and K.L.M.
37A03-1204-AD-149
Adoption. Reverses trial court’s denial of birth mother’s petition to set aside the adoption decree and remands for further proceedings, finding that the state’s consent to the adoption of C.B.M. and C.R.M. was arbitrary and capricious and in derogation of the birth mother’s procedural due process right to a meaningful appeal of the termination order, which was overturned prior to the grant of the adoption decree.

Peabody Energy Corp., Peabody Coal Co., LLC, and Black Beauty Coal Co. v. Richard F. Roark and Beelman Truck Co., and North American Capacity Ins. Co.
14A01-1112-CT-555
Civil Tort. Affirms its opinion in all regards to reverse a trial court’s grant of summary judgment to North American Capacity Insurance Co. In its petition for a rehearing, NAC argued the opinion did not explain if it had a duty to indemnify or only a duty to defend. The COA rejected the argument on the grounds it was not raised on appeal.  

Steven Hook, Jr. v. State of Indiana (NFP)
71A03-1204-CR-192
Criminal. Affirms conviction of Class C felony battery with a deadly weapon.

Erich Wilhelmi v. State of Indiana (NFP)
43A05-1204-CR-214
Criminal. Affirms conviction and sentence for three years in prison with two executed for a conviction of Class D felony failure to return to the scene of an accident resulting in serious bodily injury.

In Re: 2009 Marion County Tax Sale Parcel No. 1019054; Darryl W. Finkton, Sr. v. Auditor of Marion County, Treasurer of Marion County, and Indy-East Asset Development Corp. (NFP)
49A02-1201-MI-41
Miscellaneous/tax sale. Affirms reissuance of tax deed to auditor.

Danny G. Young v. State of Indiana (NFP)
82A05-1205-CR-229
Criminal. Affirms concurrent sentence of six years for a conviction of Class C felony forgery and two years each for convictions of Class D felony counts of receiving stolen property and fraud.

Jose Carlos Arce v. State of Indiana (NFP)
88A05-1206-PC-324
Post-conviction relief. Affirms in part, reverses in part and remands to the trial court for a hearing on Arce’s claim of ineffective assistance of counsel.

Siraj Khaja Ahmed v. Asma Saman Ahmed (NFP)
64A03-1204-DR-175
Domestic relations/divorce. Affirms trial court denial of Siraj’s motion to correct error and its grant of Asma’s motion to dismiss.  
 
Alberto R. Melendez Cruz v. State of Indiana (NFP)
45A05-1203-CR-150
Criminal. Affirms conviction of murder.
 

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  1. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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