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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.
41A05-1002-PL-104
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.
41A01-1007-MF-348
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
49A04-1102-CR-77
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)
84A05-1012-CR-741
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)

87A01-1009-DR-523
Domestic relation. Affirms order modifying child support and parenting time.

Michael Reynolds v. State of Indiana (NFP)
71A04-1012-CR-799
Criminal. Affirms conviction of Class B felony manufacturing methamphetamine.

Jeremy Cuzzort v. State of Indiana (NFP)
79A05-1101-CR-51
Criminal. Affirms denial of request to pursue a belated appeal.

Derrick R. Davis v. State of Indiana (NFP)
48A05-1008-PC-571
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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  1. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

  2. As an adoptive parent, I have to say this situation was as shameful as it gets. While the state government opens its wallet to the Simons and their friends, it denied payments to the most vulnerable in our state. Thanks Mitch!

  3. We as lawyers who have given up the range of First amendment freedom that other people possess, so that we can have a license to practice in the courts of the state and make gobs of money, that we agree to combat the hateful and bigoted discrimination enshrined in the law by democratic majorities, that Law Lord Posner has graciously explained for us....... We must now unhesitatingly condemn the sincerely held religious beliefs of religiously observant Catholics, Muslims, Christians, and Jewish persons alike who yet adhere to Scriptural exhortations concerning sodomites and catamites..... No tolerance will be extended to intolerance, and we must hate the haters most zealously! And in our public explanations of this constitutional garbledygook, when doing the balancing act, we must remember that the state always pushes its finger down on the individualism side of the scale at every turn and at every juncture no matter what the cost to society.....to elevate the values of a minority over the values of the majority is now the defining feature of American "Democracy..." we must remember our role in tricking Americans to think that this is desirable in spite of their own democratically expressed values being trashed. As a secular republic the United States might as well be officially atheist, religious people are now all bigots and will soon be treated with the same contempt that kluckers were in recent times..... The most important thing is that any source of moral authority besides the state be absolutely crushed.

  4. In my recent article in Indiana Lawyer, I noted that grass roots marketing -- reaching out and touching people -- is still one of the best forms of advertising today. It's often forgotten in the midst of all of today's "newer wave" marketing techniques. Shaking hands and kissing babies is what politicians have done for year and it still works. These are perfect examples of building goodwill. Kudos to these firms. Make "grass roots" an essential part of your marketing plan. Jon Quick QPRmarketing.com

  5. Hi, Who can I speak to regarding advertising today? Thanks, Gary

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