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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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