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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. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  2. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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