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Opinions Sept. 7, 2011

September 7, 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
Christopher A. Andrews v. Sara L. Ivie
55A01-1103-PO-110
Protective order. Affirms issuance of a protective order in favor of Ivie. Andrews engaged in a knowing or an intentional course of conduct involving repeated or continuing harassment of Ivie that would cause a reasonable person to feel terrorized, frightened, intimidated, or threatened.

Isaiah Christmas v. Kindred Nursing Centers Limited Partnership d/b/a Windsor Estates Health and Rehabilitation Center
34A05-1101-CT-1
Civil tort. Reverses summary judgment for Kindred Nursing Centers in Christmas’ complaint claiming injuries and alleging negligent maintenance of the sidewalk. There is a genuine issue of material fact as to whether Christmas was invited to enter Windsor’s premises and as to whether Windsor breached its duty of care. Remands for further proceedings.

State of Indiana v. David G. Bruno, Jr. (NFP)
18A05-1102-CR-55
Criminal. Affirms grant of Bruno’s motion to suppress evidence.

Rodney G. Cooper v. State of Indiana (NFP)

82A01-1102-CR-48
Criminal. Affirms conviction of Class D felony possession of methamphetamine.

Celina Insurance Company v. Indianapolis Roofing and Sheet, et al. (NFP)

49A02-1103-CT-196
Civil tort. Affirms order granting the cross-motions for summary judgment of Indianapolis Roofing and Sheet Metal Corp., Nazareth Building Services, and CE & M Inc., and denying Celina Insurance Co.’s motion for partial summary judgment in its subrogation action against them.

Shane William Kervin v. State of Indiana (NFP)
79A04-1008-CR-474
Criminal. Affirms conviction of Class A felony dealing in cocaine.

David Malone v. State of Indiana (NFP)
49A02-1010-CR-1226
Criminal. Affirms conviction of Class D felony intimidation.

K.T. v. Review Board, and F.C.I. (NFP)

93A02-1101-EX-75
Agency appeal. Reverses decision by the Review Board of the Indiana Department of Workforce Development affirming the administrative law judge’s conclusion that K.T. left his employment without good cause and is therefore ineligible for unemployment benefits. Remands for further proceedings.

Joseph M. Campbell v. State of Indiana (NFP)
85A04-1103-CR-126
Criminal. Affirms sentence following guilty plea to Class A felony child molesting.

Joseph Dontaus Banks v. State of Indiana (NFP)
73A01-1010-CR-547
Criminal. Affirms convictions of Class D felony resisting law enforcement and Class D felony criminal recklessness. Remands with instructions to vacate Banks’ conviction of Class B misdemeanor reckless driving.

Term. of Parent-Child Rel. of C.E.B., K.H.B., Jr., and M.R.B.; C.M.B. v. IDCS (NFP)
02A03-1012-JT-665
Juvenile. Affirms involuntary termination of parental rights.

Indiana Tax Court had posted no opinions at IL deadline.

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  3. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

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