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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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