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Opinions Nov. 4, 2010

November 4, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
DBL Axel LLC v. Lasalle Bank National Association
15A01-1003-PL-205
Civil plenary. Affirms order directing immediate turnover of funds in favor of LaSalle Bank. The checks paid by the city of Lawrenceburg to DBL concerned the property in question and were within the scope of and subject to the receivership order, and DBL’s failure to include that money paid or otherwise notify the receiver of the settlement agreement was a violation of that order. Remands for the trial court to amend its order directing immediate turnover of funds and enter an order directing turnover in the amount of $1,365,500.

Bruce R. Fox v. Dennis Rice and West Central Community Corrections
54A01-1003-PL-97
Civil plenary. Affirms summary judgment in favor of West Central Community Corrections in Fox’s claims of false arrest, false imprisonment, and violation of rights under the Indiana and federal constitutions. The tort claim notice period expired before Fox filed his notice, and his federal claim doesn’t contain a genuine issue of material fact.

In the Matter of the Guardianship of Azzie Justice v. Garnet S. Justice (NFP)
43A03-0912-CV-584
Civil. Affirms appointing Garnet as the guardian of the person and estate of Azzie.

Linda Chiesi v. State of Indiana (NFP)
64A05-1003-PC-205
Post conviction. Affirms denial of petition for post-conviction relief.

Term. of Parent-Child Rel. of C.J.M.; C.M. v. Lake County DCS (NFP)
45A03-1004-JT-248
Juvenile. Affirms termination of parental rights.

Kenneth Mitan v. Richard E. Deckard Family Limited Partnership #206 (NFP)
53A01-0912-CV-612
Civil. Affirms conclusion that Mitan was a proper party to the partnerships forfeiture action. Reverses award of all personal property and remands with instructions to award to the partnership only that personal property specified by the contract as being included in the sale.

Nickolas Sandifer v. State of Indiana (NFP)
45A03-1004-CR-186
Criminal. Affirms denial of Sandifer’s unverified, oral motion to withdraw his guilty plea.

Indiana Tax Court had posted no opinions at 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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