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Opinions Oct. 23, 2012

October 23, 2012
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7th Circuit Court of Appeals
Planned Parenthood of Indiana, Inc., et al., v. Commissioner of the Indiana State Department of Health, et al.
11-2464
Civil. Reverses in part and affirms in part, affirming the district court injunction against I.C. 5-22-17-5.5(b) that bars state or federal funding for “any entity that performs abortions or maintains or operates a facility where abortions are performed.” The circuit court held that Medicaid grants individual rights under federal civil rights protections, but reversed the district court with regard to federal block grant funds, holding that no such actionable protection exists.

Indiana Supreme Court
National Wine & Spirits, Inc., National Wine & Spirits Corporation, NWS, Inc., NWS Michigan, Inc., and NWS, LLC v. Ernst & Young, LLP
49S02-1203-CT-137
Civil tort. Affirms trial court grant of summary judgment in favor of Ernst & Young, holding that collateral estoppel precludes the plaintiffs’ deception claim because the veracity of the defendant’s documents at issue had been decided during arbitration proceedings.
 
Indiana Court of Appeals
State Automobile Ins. Co., Meridian Security Ins. Co., and Indiana Farmers Mutual Ins. Co. v. DMY Realty Co., LLP and Commerce Realty, LLC
49A05-1109-PL-486
Civil plenary. Affirms trial court grant of summary judgment in favor of DMY and denial of summary judgment in favor of State Auto, holding that language in insurance policies regarding pollutants was ambiguous. The court also remanded to the trial court to review settlement agreements between Indiana Farmers and DMY and to consider valid contribution of credit issues.

David Mathews v. State of Indiana
01A02-1203-CR-207
Criminal. Affirms convictions of Class D felony intimidation and Class B misdemeanor public intoxication, and Mathews adjudication as a habitual offender. The court held that the court did not abuse its discretion by failing to grant Mathews’ request for a mistrial and that the evidence is sufficient to sustain his conviction.

Calvin Merida v. State of Indiana
69A01-1203-CR-110
Criminal. Reverses and remands with instructions sentence for child molestation. The court found the nature of the offense and the character of the defendant did not warrant the 60-year aggregate term of imprisonment assessed by the trial court. Instead, it reversed and remanded with instructions to revise the sentencing order to run the two 30-year sentences concurrently for an aggregate 30-year term of imprisonment. Judge Crone dissented, arguing for a partially consecutive sentence.

David A. Young v. Gladys C. Young (NFP)
34A04-1204-DR-222
Divorce. Reverses and remands a dissolution of marriage order with instructions to equally divide the marital estate not subject to a prenuptial agreement and reverses the order awarding incapacity maintenance with instructions to determine whether wife has ability to support herself absent an award.

Indiana Tax Court posted no opinions before IL deadline Tuesday.









 

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  1. Uh oh, someone is really going to get their panti ... uh, um ... I mean get upset now: http://www.theguardian.com/us-news/2015/mar/31/arkansas-passes-indiana-style-religious-freedom-bill

  2. Bryan, stop insulting the Swedes by comparing them to the American oligarchs. Otherwise your point is well taken.

  3. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  4. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  5. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

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