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Opinions Oct. 18, 2012

October 18, 2012
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7th Circuit Court posted no opinions by IL deadline.

Indiana Supreme Court and Tax Court posted no opinions by IL deadline.

Indiana Court of Appeals

John A. Dugan v. State of Indiana
49A05-1202-PC-50
Post conviction. Reverses denial of petition for post-conviction relief. The court erred when it denied Dugan’s claim that Mills applied retroactively to his habitual offender enhancement. Remands for the court to vacate that enhancement.

Daniel Nanos v. State of Indiana (NFP)
49A05-1205-CR-238
Criminal. Reverses denial of motion for jail time credit and remands so that Nanos is granted an additional six days of credit against all of his sentences.

Professional Veterinary Products, Ltd. v. Pharmakon Long Term Care Pharmacy, Inc. f/k/a LIberty Express Scripts, Inc., Paul Elmer, and Veterinary Inventory Solutions, Inc. (NFP)
49A02-1110-CC-980
Civil collection. Affirms order limiting Elmer’s personal liability for certain purchases by Veterinary Inventory Solutions Inc. to $3,000.

http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2012/october/10181203cjb.pdf

Gohmann Asphalt & Construction, Inc. v. Five Star Painting, Inc. (NFP)
10A04-1206-CC-324
Civil collection. Reverses order reinstating a complaint filed by Five Star Painting Inc.

Term. of the Parent-Child Rel. of A.B., Minor Child, and Her Father, S.M.B.; S.M.B. v. Indiana Dept. of Child Services (NFP)
53A01-1204-JT-147
Juvenile. Affirms termination of parental rights.

Blake Clayton v. State of Indiana (NFP)
49A05-1203-CR-129
Criminal. Affirms conviction of Class D felony pointing a firearm.

Bryan A.Ogle v. State of Indiana (NFP)
89A01-1202-CR-55
Criminal. Affirms Ogle was properly sentenced for both the Class B felony robbery conviction and habitual offender enhancement but that the court should have ordered the sentences to run consecutively.

Logan Wininiger, Richard Roberts, et al. v. Review Board of the Indiana Dept. of Workforce Development, New NGC, Inc. d/b/a National Gypsum Services Company (NFP)
93A02-1203-EX-225
Agency action. Affirms review board’s finding that claimants are ineligible for unemployment compensation because they were unemployed as a result of a labor dispute.

Robert Peacher v. Dennis Davis (NFP)
48A02-1110-SC-1027
Small claim. Affirms order dismissing Peacher’s action against Davis.

State of Indiana v. Shaun L. Steele (NFP)
20A03-1111-PC-502
Post conviction. Reverses grant of Steele’s PCR petition on the issue of double enhancement, but affirms the post-conviction court in all other respects. Remands for further proceedings.
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  1. Contact Lea Shelemey attorney in porter county Indiana. She just helped us win our case...she is awesome...

  2. We won!!!! It was a long expensive battle but we did it. I just wanted people to know it is possible. And if someone can point me I. The right direction to help change the way the courts look as grandparents as only grandparents. The courts assume the parent does what is in the best interest of the child...and the court is wrong. A lot of the time it is spite and vindictiveness that separates grandparents and grandchildren. It should not have been this long and hard and expensive...Something needs to change...

  3. Typo on # of Indiana counties

  4. The Supreme Court is very proud that they are Giving a billion dollar public company from Texas who owns Odyssey a statewide monopoly which consultants have said is not unnecessary but worse they have already cost Hoosiers well over $100 MILLION, costing tens of millions every year and Odyssey is still not connected statewide which is in violation of state law. The Supreme Court is using taxpayer money and Odyssey to compete against a Hoosier company who has the only system in Indiana that is connected statewide and still has 40 of the 82 counties despite the massive spending and unnecessary attacks

  5. Here's a recent resource regarding steps that should be taken for removal from the IN sex offender registry. I haven't found anything as comprehensive as of yet. Hopefully this is helpful - http://www.chjrlaw.com/removal-indiana-sex-offender-registry/

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