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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. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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