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Opinions Oct. 25, 2012

October 25, 2012
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7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.

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


Indiana Court of Appeals
State Farm Mutual Automobile Insurance Company v. Ken Nunn Law Office
49A02-1202-CT-68
Civil tort. Reverses denial of State Farm’s motion for summary judgment on the law office’s attempt to recover attorney fees and remands for further proceedings. The law office may not seek payment of a former client’s attorney fees from State Farm under an equitable attorney fee lien or based on a theory of quantum meruit.

Sharhonda Gunn v. State of Indiana (NFP)
49A02-1202-CR-157
Criminal. Affirms conviction of battery as a Class D felony.

Term. of the Parent-Child Rel. of: D.C.; M.C.; M.G.; & L.C. (Minor Children) and T.G. (mother) v. The Indiana Dept. of Child Services (NFP)
36A01-1204-JT-150
Juvenile. Affirms termination of parental rights.

William A. Jones v. State of Indiana (NFP)
40A05-1204-CR-210
Criminal. Affirms convictions of Class D felony operating while intoxicated and Class B misdemeanor false informing.

Ira W. Huth v. DKR Mortgage Asset Trust 1 (NFP)
64A03-1203-MF-117
Mortgage foreclosure. Affirms denial of Huth’s motion for relief from judgment.

Nicolette Deal v. Tyce Deal (NFP)
71A04-1204-DR-178
Domestic relation. Affirms denial of Nicolette Deal’s motion objecting to the jurisdiction of the court.

Bart Bell v. State of Indiana (NFP)
34A05-1204-CR-219
Criminal. Affirms sentence imposed following guilty plea to Class D felony theft.

Shane Harrold v. State of Indiana (NFP)
35A02-1206-PC-518
Post conviction. Affirms denial of petition for post-conviction relief.
 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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