ILNews

Opinions Aug. 16, 2010

August 16, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Gail M. Flatow and Flatow Comer, LLP v. Dwane Ingalls
49A02-0910-CV-994
Civil. Reverses denial of Flatow and Flatow Comer’s motion for summary judgment in Ingalls’ suit for legal malpractice. There is no designated evidence in the malpractice litigation to show the result of Ingalls’ partial motion for summary judgment would have been any different had a reply been filed. As a matter of law, the Flatow defendants had no duty to provide the services Ingalls claims they were negligent in failing to provide.

Paternity of P.B.; D.B. v. M.B
03A01-1001-JP-5
Juvenile paternity. Reverses and remands denial of mother’s petition to modify parenting time. The preponderance standard should have been used as the burden of proof, not clear and convincing evidence. Affirms finding father wasn’t in contempt for keeping P.B. extra days over the Christmas holiday week, the denial of mother’s request father pay her attorney’s fees and P.B.’s therapist’s fees, and the modification of the Christmas parenting time schedule.

Teresa Perry v. Whitley County 4-H Clubs Inc.
92A03-1002-CT-101
Civil tort. Affirms summary judgment for Whitely County 4-H Clubs on Perry’s negligence complaint for personal injuries suffered during a horse competition sponsored by the club. There is no genuine issue of material fact and the Indiana Equine Activity Statute bars her claim for injuries resulting from inherent risks of equine activities.

William R. Morell, III v. State of Indiana
06A04-0909-CR-531
Criminal. Affirms conviction of battery by means of a deadly weapon as a Class C felony. The trial court didn’t abuse its discretion or commit reversible error by failing to swear the state’s witnesses and failing to allow questioning related to the alleged violations of the trial court’s separation order outside the presence of a jury. The cumulative effect of Morrell’s alleged errors don’t warrant reversal and there is sufficient evidence to support the conviction.

Arvester Williams v. State of Indiana (NFP)
20A03-1001-CR-10
Criminal. Affirms conviction of Class B felony criminal confinement while armed with a deadly weapon and Williams’ aggregate sentence for criminal confinement as a Class B felony and possession of a firearm by a serious violent felon as a Class B felony.

Brian A. Eby v. Jennifer L. Eby (NFP)
29A05-0909-CV-521
Civil. Reverses amended decree dissolving the Ebys’ marriage. Remands with instructions.

Matthew Donoho v. State of Indiana (NFP)
12A05-0912-CR-717
Criminal. Affirms convictions of Class D felony theft and possession of marijuana, Class C felony burglary, and Class A misdemeanor criminal mischief.


Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court granted no transfers for the week ending Aug. 13.
 

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  1. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  2. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  3. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  4. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

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