ILNews

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. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. 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.

  5. 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!!

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