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Opinions Sept. 19, 2012

September 19, 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

Michael Carpenter v. State of Indiana
85A05-1202-CR-57
Criminal. Affirms conviction of Class B felony conspiracy to commit dealing in methamphetamine. The police officers did not violate Carpenter’s Fourth Amendment rights when they entered the house’s curtilage pursuant to an arrest warrant and looked into the bathroom window. The officers also did not violate his rights under the Indiana Constitution.

Columbus Regional Hospital v. Clyde Amburgey, Individually and as Executor of the Estate of Moreen Amburgey
03A01-1110-CT-450
Civil tort. Affirms denial of the hospital’s request for partial summary judgment as it argued that the expiration of the statute of limitations with respect to two doctors foreclosed the suit brought by Amburgey. Genuine issues of material fact exist regarding the claim of apparent agency.

L.H. Controls, Inc. v. Custom Conveyor, Inc.
16A05-1111-PL-606
Civil plenary. Reverses award of lost profit damages to CCI in the amount of $1,144,470 for breach of contract by L.H., the award of $133,328.53 in attorney fees to CCI, award of damages of $82,184.10 for CCI’s chargebacks, and the $5,259.38 set-off for L.H. the trial court allowed against the $82,184.10. Affirms the awards of $7,077 and $928.86 in costs related to CCI’s removal of the mechanic’s lien against Honda plant’s property. Together with the damages L.H. does not challenge on appeal, this will result in a total award to CCI of $112,864.46. Remands for trial court to make necessary corrections to the judgment.

Duane Turner v. State of Indiana
18A05-1112-PC-697
Post conviction. Affirms denial of Turner’s motion for summary disposition and grant of the state’s motion for summary judgment on the constitutionality of Turner’s life sentence without parole. Affirms denial of relief based on ineffective assistance of trial counsel. Concludes Turner met his burden to prove by a preponderance of the evidence that his appellate counsel was ineffective by failing to challenge his Class A felony attempted robbery resulting in serious bodily injury conviction. Remands with instructions to reduce that to a Class B felony robbery conviction.

Lavelle Malone v. Keith Butts and Bruce Lemmon
48A02-1203-MI-228
Miscellaneous. Affirms order granting a motion to dismiss for failure to state a claim filed by Butts and Lemon regarding Malone’s action for mandate. The Department of Correction complied with the requirements of I.C. 11-11-3-9 when it administratively imposed restrictions on Malone’s visits.

Kenneth Kelly v. State of Indiana (NFP)
30A01-1112-PC-612
Post conviction. Affirms denial of petition for post-conviction relief.

Bruce Kevin Pond v. State of Indiana (NFP)
90A05-1202-CR-73
Criminal. Affirms sentence for voluntary manslaughter as a Class A felony.
 

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  1. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

  2. Can anyone please help this mother and child? We can all discuss the mother's rights, child's rights when this court only considered the father's rights. It is actually scarey to think a man like this even being a father period with custody of this child. I don't believe any of his other children would have anything good to say about him being their father! How many people are afraid to say anything or try to help because they are afraid of Carl. He's a bully and that his how he gets his way. Please someone help this mother and child. There has to be someone that has the heart and the means to help this family.

  3. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  4. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  5. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

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