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Opinions Oct. 12, 2010

October 12, 2010
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7th Circuit Court of Appeals
United States of America and State of New York, et al. v. Cinergy Corp., et al.
No. 1:99-CV-1693
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Larry J. McKinney.
Civil. Reverses District Court ruling in the government’s favor regarding modifications involving sulphur dioxide emissions because Cinergy met the standard that was authorized by a state plan the Environmental Protection Agency approved. Finds the District Court should not have admitted evidence by the EPA’s expert witnesses. Rules that without expert testimony to support an estimate of actual emissions caused by the modifications, the government cannot prevail with respect to the charge of nitrogen oxide pollution. Dismisses cross-appeal.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Dwight Murdock v. Estate of Sharron K. Murdock
45A03-0912-CV-585
Civil. Reverses enforcement of marital property settlement document, including its provision that the issue of abandonment is moot, and remands for further proceedings addressing the issue of whether Dwight forfeited the right to inherit from Sharron’s estate after she died during the dissolution process.

Deere & Co. v. Travis Hostetler & New Holland Rochester
25A05-1006-CC-367
Civil collection. Reverses trial court order giving New Holland prejudgment possession of farm equipment and remands with instructions to enter an order granting Deere prejudgment possession of the equipment in question. Rules New Holland was not a bona fide purchaser because it had actual notice of Deere’s liens.

In Re the Guardianship of A.M.N.; M.N. and E.N. v. B.C. (NFP)
39A01-1001-GU-73
Guardianship. Affirms trial court did not abuse its discretion in terminating the grandparents’ guardianship in favor of mother.

Kenneth Pairsh v. Annette Pairsh (NFP)
18A02-1002-DR-151
Domestic relation. Affirms trial court’s denial of Kenneth Pairsh’s request for spousal maintenance and its distribution of marital property

Emmanuel T. Williams v. State of Indiana (NFP)
45A04-1003-CR-199
Criminal. Affirms 15-year sentence for Class B felony aggravated battery.

Anthony Williams v. State of Indiana (NFP)
29A02-1002-CR-352
Criminal. Affirms conviction of Class D felony auto theft.

Luther J. Gant v. State of Indiana (NFP)

02A03-1004-CR-208
Criminal. Affirms conviction of Class B felony robbery and 15-year sentence.

Ronnie Drane v. State of Indiana (NFP)
45A03-0912-PC-600
Post conviction. Affirms denial of post-conviction relief.

Michelle Woods v. State of Indiana (NFP)
49A04-1002-CR-119
Criminal. Affirms convictions of Class A misdemeanor battery on a law enforcement officer, Class A misdemeanor resisting law enforcement, and Class B misdemeanor disorderly conduct.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  4. My parents took advantage of the fact that I was homeless in 2012 and went to court and got Legal Guardianship I my 2 daughters. I am finally back on my feet and want them back, but now they want to fight me on it. I want to raise my children and have them almost all the time on the weekends. Mynparents are both almost 70 years old and they play favorites which bothers me a lot. Do I have a leg to stand on if I go to court to terminate lehal guardianship? My kids want to live with me and I want to raise them, this was supposed to be temporary, and now it is turning into a fight. Ridiculous

  5. Here's my two cents. While in Texas in 2007 I was not registered because I only had to do it for ten years. So imagine my surprise as I find myself forced to register in Texas because indiana can't get their head out of their butt long enough to realize they passed an ex post facto law in 2006. So because Indiana had me listed as a failure to register Texas said I had to do it there. Now if Indiana had done right by me all along I wouldn't need the aclu to defend my rights. But such is life.

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