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Opinions Nov. 1, 2012

November 1, 2012
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The following Indiana Supreme Court decision was posted after IL deadline Wednesday:
Stephen W. Robertson, Indiana Comm. of Insurance, as Admin. of Indiana Patient's Compensation Fund and The Indiana Patient's Compensation Fund v. B.O., A Minor, Lisa A. Ort and Kevin C. Ort
49S04-1111-CT-671
Civil tort. Affirms grant of partial summary judgment to B.O. and his parents because Indiana Code 34-18-15-3(5) precludes the Patient Compensation Fund from disputing the existence or cause of B.O.’s claimed injury.

Indiana Court of Appeals
Leslie Bridges v. Veolia Water Indianapolis, LLC, Veolia Water North America Operating Service, LLC, and The City of Indianapolis, Dept. of Waterworks
49A02-1112-CC-1097
Civil collection. Affirms trial court dismissal of Bridges’ class action filed after her water was turned off for nonpayment, finding Bridges failed to exhaust the administrative remedies available at the Indiana Utilities Regulatory Commission. She had to seek those remedies before seeking judicial relief. Concludes that I.C. 8-1-2-68 through -70 grant the IURC exclusive jurisdiction over Bridges’ claim regardless of whether it is treated as a challenge to and request for reimbursement of the reconnect fee or as a challenge to the allegedly improper act of terminating her residential water service in a manner inconsistent with the terms of the tariff.

Joshua Shipley v. State of Indiana (NFP)
07A05-1204-CR-225
Criminal. Affirms sentence for Class B felony criminal confinement with a deadly weapon.

Jeffrey S. Heironimus v. State of Indiana (NFP)
82A01-1204-CR-152
Criminal. Affirms admission of evidence of witness identifications made after a warrantless entry into an accomplice’s residence.

Angela R. Elliott v. State of Indiana (NFP)
13A04-1201-CR-11
Criminal. Affirms convictions of Class A felony dealing in methamphetamine, Class D felony maintaining a common nuisance, and Class A misdemeanors possession of paraphernalia and resisting law enforcement.

Brian S. Fleming v. State of Indiana (NFP)
82A05-1202-CR-100
Criminal. Affirms conviction of Class D felony intimidation.

Stephen L. Reed v. State of Indiana (NFP)
02A03-1205-CR-216
Criminal. Affirms sentence for Class C felony corrupt business influence.

Bryan Jann v. Review Board of the Indiana Dept. of Workforce Development and C&B Custom Modular, Inc. (NFP)
93A02-1112-EX-1185
Agency appeal. Affirms decision by review board that Jann, by failing to appear, had presented no evidence to support claim for unemployment benefits.

Darrius Woods v. State of Indiana (NFP)
20A03-1202-CR-90
Criminal. Affirms conviction of Class A felony dealing in cocaine.

Kenneth Hawkins v. Debra Hawkins (NFP)
49A02-1203-DR-206
Domestic relation. Affirms distribution of assets and declines to award Debra Hawkins attorney fees.

David J. Bogolia and Nikki Schafer v. John Danielson, M.D. (NFP)
64A04-1201-CC-42
Civil collection. Affirms denial of Bogolia’s and Schafer’s motion for partial summary judgment and their motion to strike Dr. Danielson’s response to that motion.
 

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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