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Opinions Oct. 22, 2013

October 22, 2013
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7th Circuit Court of Appeals
Billy Julian v. Sam Hanna, et. al.
1:11-CV-01536
Criminal. Reverses District Court grant of summary judgment to defendant parties in a malicious prosecution case and remands for further proceedings, holding that Billy Julian’s claim was improperly dismissed as untimely. The panel held that the two-year window for the claim did not begin until November 2010, when charges against him were dismissed, and therefore filing of the claim in July 2011 was timely.

Indiana Court of Appeals
Allen County Public Library v. Shambaugh & Son, L.P., Hamilton Hunter Builders, Inc., W.A. Sheets & Sons, Inc., and MSKTD & Associates, Inc.
02A04-1302-PL-78
Civil plenary. Reverses a trial court grant of summary judgment in favor of Shambaugh & Son and other defendants and remands for further proceedings. The court concluded that a subrogation agreement in a contract for renovations of the main library branch in Fort Wayne does not preclude the library from seeking to recover pollution cleanup costs related to a diesel spill on neighboring properties that the library argues was caused by a contractor rupturing a basement fuel line connected to a generator.

Jeffrey Robinson v. State of Indiana (NFP)
49A02-1301-CR-6
Criminal. Affirms trial court’s denial of motion to suppress a search of Jeffrey Robinson’s underwear that turned up marijuana.

Tony Kimble v. State of Indiana (NFP)
49A02-1303-CR-268
Criminal. Affirms conviction of Class A misdemeanor possession of marijuana.

Gabriel McCreary v. Connersville Storage and Miniwarehousing (NFP)
21A01-1212-CC-554
Collections. Affirms trial court award of damages and attorney fees to Gabriel McCreary.

James W. Johnston v. Diana Johnston (NFP)
49A02-1302-DR-142
Domestic relations. Affirms trial court rulings concerning child support and various rulings leading to the court’s conclusions.

Brian K. Moore v. State of Indiana (NFP)
73A01-1301-CR-40
Criminal. Affirms revocation of probation.

The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline. 

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  1. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  2. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  3. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  4. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

  5. Can I get this form on line,if not where can I obtain one. I am eligible.

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