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Opinions Sept. 21, 2011

September 21, 2011
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7th Circuit Court of Appeals had posted no opinions from Indiana courts at IL deadline.

Indiana Supreme Court had posted no opinions at IL deadline.


Indiana Court of Appeals
George W. Giltner, Jr. v. Betty L. Ivers, Martin Zacharias, Jr., and Bradi L. Zacharias
10A05-1010-PL-662
Civil plenary. Affirms trial court’s confirmation of a report that partitioned 16.5 acres of a 100-acre parcel to Giltner, who owned an undivided 20 percent interest in the parcel. Giltner has not shown that he was prejudiced by the division outlined in the report.

In the Matter of the Term. of Parent-Child Rel. of T.P.: C.P. v. Indiana Dept. of Child Svcs. (NFP)
71A03-1103-JT-178
Juvenile. Affirms termination of parental rights.

James Gerald v. State of Indiana (NFP)
20A03-1101-CR-49
Criminal. Affirms conviction of Class B felony burglary and adjudication as a habitual offender.

Term. of Parent-Child Rel. of J.E.: C.E., v. Indiana Department of Child Svcs. and Child Advocates, Inc. (NFP)
49A04-1101-JT-20
Juvenile. Affirms termination of parental rights.

Barbara Noonan, Robert Noonan, and Earnest Cross v. SLF, LLC (NFP)
49A02-1104-CC-345
Civil collection. Affirms summary judgment in favor of landlord SLF and remands for determination of reasonable appellate attorney fees to be awarded to SLF.

James Bellamy v. State of Indiana (NFP)
49A02-1102-CR-68
Criminal. Affirms conviction of Class A misdemeanor battery.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

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