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Opinions Oct. 7, 2011

October 7, 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

James Fernbach v. State of Indiana
69A01-1103-CR-151
Criminal. Affirms 60-year sentence for two counts of Class A felony attempted murder, holding that the jury’s rejection of Fernbach’s insanity defense was not erroneous.

Joseph A. Taylor v. Alan P. Finnan
48A02-1105-MI-547
Miscellaneous. Reverses trial court’s dismissal of Taylor’s writ of habeas corpus. Affirms trial court’s finding that Taylor’s claim should have proceeded as a petition for post-conviction relief, but that the court should have transferred the case to Floyd County – where Taylor had been convicted and sentenced – rather than dismiss it. Remands to transfer the case to Floyd County.

Lisa A. Davis v. Review Board of the Indiana Department of Workforce Development and VOCA of Indiana LLC
93A02-1101-EX-14
Agency appeal. Affirms decision of the Indiana Department of Workforce Development Review Board, which affirmed a decision by an administrative law judge determining Davis had been terminated for cause and therefore was ineligible for unemployment benefits. Holds that Davis had failed to provide good cause for missing a hearing and that her employer provided substantial evidence that Davis was terminated for just cause, including theft.

Kelley Seibert d/b/a Seibert's Kennel v. Rick Bryant (NFP)
48A04-1011-SC-750
Small claim. Reverses small claims court’s judgment in favor of Bryant, holding that the trial court erred in ignoring a provision in the contract between Bryant and Seibert. Remands with orders to enter judgment in favor of Seibert.

Jerramy Moore v. State of Indiana (NFP)
49A02-1104-CR-294
Criminal. Affirms conviction of Class D felony possession of marijuana.

Bane Elliott v. State of Indiana (NFP)
79A05-1008-CR-566
Criminal. Affirms convictions of four counts of child molesting, but remands to the court to revise Elliott’s 40-year sentence to 35 years, holding that Elliott had met his burden of establishing that his sentence was inappropriate.

Indiana Tax Court had posted no opinions at IL deadline.

 

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  1. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

  2. As an adoptive parent, I have to say this situation was as shameful as it gets. While the state government opens its wallet to the Simons and their friends, it denied payments to the most vulnerable in our state. Thanks Mitch!

  3. We as lawyers who have given up the range of First amendment freedom that other people possess, so that we can have a license to practice in the courts of the state and make gobs of money, that we agree to combat the hateful and bigoted discrimination enshrined in the law by democratic majorities, that Law Lord Posner has graciously explained for us....... We must now unhesitatingly condemn the sincerely held religious beliefs of religiously observant Catholics, Muslims, Christians, and Jewish persons alike who yet adhere to Scriptural exhortations concerning sodomites and catamites..... No tolerance will be extended to intolerance, and we must hate the haters most zealously! And in our public explanations of this constitutional garbledygook, when doing the balancing act, we must remember that the state always pushes its finger down on the individualism side of the scale at every turn and at every juncture no matter what the cost to society.....to elevate the values of a minority over the values of the majority is now the defining feature of American "Democracy..." we must remember our role in tricking Americans to think that this is desirable in spite of their own democratically expressed values being trashed. As a secular republic the United States might as well be officially atheist, religious people are now all bigots and will soon be treated with the same contempt that kluckers were in recent times..... The most important thing is that any source of moral authority besides the state be absolutely crushed.

  4. In my recent article in Indiana Lawyer, I noted that grass roots marketing -- reaching out and touching people -- is still one of the best forms of advertising today. It's often forgotten in the midst of all of today's "newer wave" marketing techniques. Shaking hands and kissing babies is what politicians have done for year and it still works. These are perfect examples of building goodwill. Kudos to these firms. Make "grass roots" an essential part of your marketing plan. Jon Quick QPRmarketing.com

  5. Hi, Who can I speak to regarding advertising today? Thanks, Gary

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