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Opinions Sept. 3, 2010

September 3, 2010
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7th Circuit Court of Appeals
Trent L. Chapin v. Fort-Rohr Motors Inc.
09-1347
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Civil. Reverses denial of Fort-Rohr’s motion for judgment as a matter of law after a jury found in Chapin’s favor in his retaliation suit. Fort-Rohr was entitled to judgment as a matter of law because Chapin did not produce sufficient evidence to support an actual or constructive discharge.

Indiana Supreme Court
In the Matter of Anonymous
No. 10S00-1006-DI-288
Discipline. The high court privately reprimands a Clark County attorney for violating Indiana Professional Conduct Rule 5.5(a) for assisting in the unauthorized practice of law in this state. Respondent agreed to serve as local counsel for Kentucky attorney John Redelberger who represented an Indiana client. Once in court, the judge informed Respondent that Redelberger was not licensed to practice law in Indiana. Respondent told Redelberger he must seek temporary admission and sent Redelberger a copy of the applicable rule; however neither followed through on obtaining temporary admission. The Supreme Court noted that Indiana attorneys serving as local counsel for out-of-state attorneys are hereby advised of the importance of their duty to ensure complete and timely compliance with all the requirements of Admission and Discipline Rule 3(2).

Indiana Court of Appeals
In the Matter of the Unsupervised Estate of Judith E. Phillips v. Rainer Assmann (NFP)
40A05-1001-EU-33
Estate, Unsupervised. Affirms trial court judgment in favor of Assmann for $34,514.04, concluding it did not abuse its discretion in ruling on the competence of Assmann’s testimony under the Dead Man’s Statute.

Daniel E. Hoagland, et al. v. Dorothy H. Mosier, et al. (NFP)
76A03-0911-CV-521
Civil. Affirms trial court’s judgment approving a signed memorandum of agreement and quieting title to each party’s lot.

Ahmed Bellamy v. State of Indiana (NFP)
49A04-1002-CR-54
Criminal. Affirms trial court order that Bellamy serve the remainder of his outstanding sentence imposed after his probation revocation.

The following opion was posted after IL deadline Thursday.

Indiana Tax Court
6787 Steelworkers Hall, Inc. v. John R. Scott, Assessor of Porter County
No. 49T10-0906-TA-27
Tax. Affirms Indiana Board of Tax Review’s determination that Local 6787’s banquet facility is not predominately used for education or charitable purposes and therefore is 100 percent taxable.
 

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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