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. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

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