ILNews

Opinions Oct. 24, 2012

October 24, 2012
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7th Circuit Court of Appeals posted no opinions at IL deadline.

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

Indiana Court of Appeals

Leslie Ann Grider v. State of Indiana
48A02-1112-CR-1156
Criminal. Reverses 19-year sentence following guilty pleas to two counts of Class C felony forgery, four counts of Class D felony theft, and two counts of Class D felony check fraud. The language of the plea agreement indicates the parties’ intention that the trial court would impose concurrent sentences on all counts regardless of the separate cause numbers. Orders Grider’s sentences to be concurrent for a total of eight years.

Rick Singleton, et al. v. Fifth Third Bank
71A04-1202-MF-83
Mortgage foreclosure. Reverses ruling in favor of Fifth Third Bank on its renewed motion for entry of agreed final judgment. Based upon the forbearance agreement and a directive to wire funds to make the final payment, Singleton’s payment was not untimely and did not constitute a termination event under the forbearance agreement. Remands for further proceedings.

Harry E. Knauff, Jr. and Carolyn R. Knauff v. Nathan T. Hovermale and Sarah E. Hovermale
52A05-1111-PL-584
Civil plenary. Affirms judgment quieting title in certain real property in the names of the Hovermales following a bench trial. The Knauffs didn’t show that the trial court clearly erred when it concluded that they failed to establish the control element of adverse possession. Judge Kirsch dissents without opinion.

Lonnie D. Covey v. State of Indiana (NFP)
90A02-1204-CR-284
Criminal. Affirms conviction and sentence for Class C felony forgery.

Lamar Herron, Jr. v. State of Indiana (NFP)
79A04-1201-CR-58
Criminal. Affirms sentence following guilty plea to Class B felony dealing in cocaine.

Joshua C. Johnson v. State of Indiana (NFP)
02A03-1203-CR-130
Criminal. Affirms convictions and sentence for five counts of child molesting, three as Class A felonies and two as Class C felonies; one count of Class C felony child exploitation; one count of Class D felony possession of child pornography; and two counts of Class D felony dissemination of matter harmful to minors.

Robert V. Kirts v. State of Indiana (NFP)
79A02-1202-CR-122
Criminal. Affirms convictions of Class C felonies operating a vehicle while intoxicated resulting in death and failure to stop after an accident resulting in death.

 

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  1. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  2. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  3. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  4. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

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