Opinions Sept. 26, 2011

September 26, 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
Angela K. Farno v. Ansure Mortuaries of Indiana, LLC, et al.
Civil plenary. Affirms denial of Farno’s motion for class certification on superiority grounds regarding the alleged looting of cemetery trusts that had been funded from proceeds of purchases of pre-need burial services. The trial court did not err in finding the receiver’s action provided a superior method to recovery any of the missing trust funds.

Matthew Goldberg, et al. v. Angela K. Farno, et al.
Mortgage foreclosure. Affirms certification of plaintiff class for settlement purposes and order granting preliminary approval of the settlement agreement. Goldberg has no standing to challenge the settlement because he hasn’t suffered plain legal prejudice. Adopts the “plain legal prejudice” standard based on Federal Rule 41(a)(2).

Starlett Gilbert v. State of Indiana
Criminal. Affirms conviction of Class D felony prostitution. The police officer’s testimony at trial was not hearsay and Gilbert had the opportunity to cross-examine the officer, but did not.

Joshua J. Hubble v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to causing death while operating a motor vehicle with an alcohol concentration equivalent of 0.15 or more as a Class B felony, two counts of Class D felony criminal recklessness, and Class D felony criminal mischief.

Thomas M. Slaats v. Sally E. Slaats (NFP)

Domestic relation. Affirms order modifying child support and parenting time.

Michael Reynolds v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B felony manufacturing methamphetamine.

Jeremy Cuzzort v. State of Indiana (NFP)
Criminal. Affirms denial of request to pursue a belated appeal.

Derrick R. Davis v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court granted transfer to one case and declined five for the week ending Sept. 23.


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