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Opinions Sept. 20, 2011

September 20, 2011
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7th Circuit Court of Appeals had posted no opinions from Indiana courts at IL deadline.

Indiana Supreme Court
Rod L. Avery and Marshall K. Avery v. Trina R. Avery
49S05-1102-PL-76
Civil plenary. Affirms default judgment entered against Rod and Marshall Avery. The Indiana Trial Rules apply to will contest actions, and the failure to file an answer or responsive pleading in accordance with Trial Rule 7 may result in a default judgment.

Richard L. Barnes v. State of Indiana

82S05-1007-CR-343
Criminal. Grants rehearing and affirms original opinion that residents don’t have a common law right to resist police entering a person’s home. The castle doctrine is not a defense to battery or any violence against a police officer who is acting in his or her duties. Justice Rucker dissents.

Indiana Court of Appeals
Thomas Temple v. State of Indiana
27A05-1101-CR-31
Criminal. Affirms conviction of Class A misdemeanor contributing to the delinquency of a minor. Rejects Temple’s proposed definition of “induce,” and rejects his claims, premised upon that definition, that there was insufficient evidence and that there was a fatal variance between the charging information and the evidence adduced at trial.

State of Indiana v. Jonathon McDonald
32A05-1102-CR-56
Criminal. Reverses dismissal of charges against McDonald. The trial court erred by dismissing the charges based on the successive prosecution statute. Remands for further proceedings.

David L. McDaniel v. State of Indiana (NFP)

45A03-1102-CR-72
Criminal. Affirms sentence for Class C felony criminal recklessness.

Darnell Kelly, Jr. v. State of Indiana (NFP)
71A04-1101-CR-67
Criminal. Affirms conviction of Class C felony burglary and finding that Kelly is a habitual offender.

Richard West v. Elizabeth West (now Smith) (NFP)
22A01-1102-DR-45
Domestic relation. Affirms denial of Richard West’s petition to modify child custody and the award of $5,000 in attorney fees to Elizabeth West.

Daniel Zunica v. Zuncor, Inc., Steven A. Coppolillo, Jared Tomich, et al. (NFP)
45A04-1009-PL-700
Civil plenary. Affirms denial of motion to correct error brought by Zunica, which challenged a jury verdict finding him liable for breach of fiduciary duty in an action brought by Zuncor Inc. and shareholders.

Jon Dalton Gates v. State of Indiana (NFP)

12A02-1102-CR-160
Criminal. Affirms convictions of and sentence for Class D felony maintaining a common nuisance.

Indiana Tax Court had posted no opinions at IL deadline.

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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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