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Opinions Oct. 28, 2011

October 28, 2011
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Rick Gillespie, Dawn Gillespie and Rick's Towing and Maintenance, LLC v. Frank B. Niles and Kathryn Niles
49A05-1102-CT-70
Civil tort. Affirms denial of the Gillespies’ objection to the Nileses’ request for a pre-trial conference and refusal to dismiss the action under Indiana Trial Rule 41(E). Affirms grant of summary judgment for the Niles and denial of summary judgment for the Gillespies. The Gillespies failed to wait the required 15 days before selling Kathryn’s vehicle at auction. The trial court erred by granting summary judgment against the Gillespies individually as the judgment should be against Rick’s Towing only.

R.R.F. v. L.L.F.
69A01-1102-DR-70
Domestic relation. Affirms order on remand apportioning post-secondary educational expenses for the parties’ son between father and mother. The appellate court has subject matter jurisdiction because the order on remand is an appealable final judgment and the dissolution court’s allocation of the benefits of the tax credits as a result of the son’s enrollment in college was not clearly erroneous.

M.L. v. Meridian Services, Inc.
18A02-1103-MH-233
Mental health. Affirms M.L.’s temporary commitment to a state-operated facility for a 90-day period because there is clear and convincing evidence he was dangerous. Reverses the authorization to administer medication because there is insufficient evidence to support it.

Term. of Parent-Child Rel. of E.P. (Minor child) and A.P. and J.P. (Parents); A.P. (Mother) v. Indiana Dept. of Child Services (NFP)
47A01-1101-JT-38
Juvenile. Affirms termination of mother’s parental rights.

Terry Laderson v. State of Indiana (NFP)
49A02-1103-CR-221
Criminal. Affirms sentence following guilty plea to Class A felony burglary and Class A misdemeanor carrying a handgun without a license.

Farrell Haycraft v. State of Indiana (NFP)
31A01-1009-PC-525
Post conviction. Affirms denial of petition for post-conviction relief.

James Traylor v. Beth Traylor (NFP)
29A02-1102-DR-247
Domestic relation. Affirms finding James Traylor was in contempt and the stayed $6,500 portion of the fine and the attorney fee award were proper sanctions. Reverses first $6,500 portion of the fine because it was improper. Remands for that portion to be vacated.

Weida Levee, LLC v. Doug Brooks and Regina Brooks (NFP)
79A05-1012-CT-739
Civil tort. Affirms order in favor of the Brookses in a case involving a lease of commercial space.

Blease White, Jr. v. State of Indiana (NFP)
20A03-1101-PC-16
Post conviction. Affirms denial of petition for post-conviction relief.

Buzz Taylor v. State of Indiana (NFP)
52A05-1104-PC-183
Post conviction. Affirms denial of petition for post-conviction relief.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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