ILNews

Opinions Oct. 22, 2010

October 22, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Belle City Amusements, Inc. v. Doorway Promotions, Inc.
35A05-0912-CV-711
Civil. Reverses award of damages for lost profits for the years 2010 through 2013 in the amount of $17,500 for each year to Doorway after Belle City cancelled its agreement with the company to provide rides and concessions for a festival. The damages were not a foreseeable consequence of the breach of the agreement between Belle City and Doorway and Indiana doesn’t allow for recovery for perceived loss of reputation or goodwill in an action for breach of contract. Affirms $24,000 award to Doorway for the 2009 rent of the Coliseum to house the festival. Remands for further proceedings.

Estate of Jane H. Collins v. T. William McKinney
02A05-1004-EU-286
Estate. Affirms summary judgment on the effectiveness of the option to purchase certain real estate, validity of the legal description, and award of specific performance to McKinney. The trial court didn’t abuse its discretion in allowing McKinney to submit a supplemental affidavit in support of his motion for summary judgment. Affirms ruling on Ray Collins’ breach of the option, and award of monetary compensation to McKinney. Reverses as to the value of the “damages” award and the accompanying award of pre-judgment interest and vacates award of attorney’s fees. Remands for further proceedings.

Mickey L. Armstrong v. State of Indiana (NFP)
49A02-1001-CR-21
Criminal. Affirms conviction of robbery as a Class C felony.

Thomas Campbell v. State of Indiana (NFP)
45A03-1002-CR-67
Criminal. Affirms revocation of probation.

Jeremy L. Neal v. State of Indiana (NFP)
45A03-1003-CR-167
Criminal. Affirms sentence following guilty plea to dealing in cocaine as a Class B felony.

William Sebastian, Jr. v. State of Indiana (NFP)
14A01-1001-CR-20
Criminal. Grants petition for rehearing, modifies original decision to further instruct the trial court on remand to indicate on the revocation order and abstract of judgment the number of days that Sebastian was confined prior to the revocation of his probation, and affirms in all other respects.

Asher B. Hill v. State of Indiana (NFP)
49A02-1002-CR-132
Criminal. Affirms revocation of placement in a community corrections work release program.

Ronnie Hanley v. State of Indiana (NFP)
33A01-1001-CR-25
Criminal. Affirms conviction of Class A misdemeanor check deception.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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