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Opinions Sept. 13, 2011

September 13, 2011
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7th Circuit Court of Appeals had posted no opinions from Indiana courts at IL deadline.

The Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Yasin Hory v. State of Indiana
01A04-1011-IF-717
Infraction. Affirms conviction of Class C infraction illegal parking, holding that Hory failed to establish an express or implied pre-emption of local traffic safety laws by federal motor safety regulations.

Gary R. Shepherd v. Linda S. (Shepherd) Tackett
72A01-1012-DR-692
Domestic relations. Affirms trial court’s post-dissolution order modifying the parties’ property division as stated in the Decree of Dissolution, holding that the order clarified the property division, but did not make substantial changes to the decree.

Mauel Gaeta; Roche Surety & Casualty v. State of Indiana
79A02-1011-CR-1196
Criminal. Affirms trial court’s decision finding Roche Surety & Casualty liable for Gaeta’s bond. On cross-appeal from the state, holds the trial court erred in not finding Roche Surety liable for forfeiture of 20 percent of the bond’s face value, and remands to the trial court for judgment consistent with its opinion.  

Zachariah D. Reese v. State of Indiana
38A05-1104-CR-171
Criminal. Reverses denial of Reese’s request for court-appointed counsel, holding that the record shows that Reese lacked the means to hire an attorney. Remands for a new indigency determination and new trial.

Charles David Kelly v. National Attorneys Title Assurance Fund
69A04-1104-CT-215
Civil tort. Affirms trial court’s grant of summary judgment in favor of National Attorneys Title Assurance Fund, holding undisputed facts support the trial court’s judgment.

Joseph N. Meade v. Kathleen F. Meade (NFP)
64A03-1101-DR-56
Domestic relation. Reverses trial court’s modification of child support, holding the court abused its discretion in failing to pro rate Kathleen Meade’s severance pay when it reduced her obligation to $100 per week. Remands to the trial court for proceedings consistent with opinion.

Janice A. Devlin and Kenneth F. Devlin v. AC Roofing, Inc. and Arnold W. Cook (NFP)
34A02-1012-MI-1375
Miscellaneous. Reverses trial court’s denial of the Devlins’ motion to dismiss pursuant to Trial Rule 12(B)(8). Remands for further proceedings.

Robert A. Predaina v. State of Indiana (NFP)
45A03-1006-CR-348
Criminal. Affirms conviction of Class A misdemeanor criminal mischief.

Shannon Saddler v. State of Indiana (NFP)
49A02-1102-CR-120
Criminal. Reverses sentence for Class A misdemeanor criminal mischief, holding the trial court abused its discretion in requiring Saddler to pay restitution before sentencing her.

Jerry Craig v. State of Indiana (NFP)
49A02-1012-CR-1421
Criminal. Affirms trial court’s denial of Craig’s motion to correct erroneous sentence.

Ross Pushor v. State of Indiana (NFP)
03A05-1011-CR-706
Criminal. Affirms trial court’s order revoking probation.

Indiana State Board of Dentistry v. Julia Francis (NFP)
55A01-1101-PL-28
Civil plenary. Vacates trial court’s denial of Indiana State Board of Dentistry’s motion to dismiss, holding the court did not have the jurisdiction to hear Francis’ appeal. Accordingly, the appeals court did not address subsequent issues outlined in the appeal.

James E. Sims v. State of Indiana (NFP)
02A04-1101-CR-94
Criminal. Affirms aggregate sentence for Class D felony attempted theft and Class A misdemeanor criminal mischief.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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