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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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  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

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