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Opinions April 11, 2012

April 11, 2012
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7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.


Indiana Court of Appeals
Anthony Wade v. Terex-Telelect, Inc.
29A05-1101-CT-72
Civil tort. Reverses jury verdict in favor of Terex-Telelect on Wade’s negligence claim under the Indiana Product Liability Act. Wade was prejudiced by the judge instructing the jury as to the rebuttable presumption under Indiana Code 34-20-5-1. Remands for a new trial. Judge Bradford concurs in part and dissents in part.

Robert A. Baker v. State of Indiana
40A05-1109-CR-503
Criminal. Reverses convictions of and sentence for Class B felony possession of methamphetamine within 1,000 feet of a school and Class C felony possession of a controlled substance within 1,000 feet of a school. The evidence is insufficient to sustain those enhanced convictions; remands with instructions to reduce those counts to Class D felonies and resentence him accordingly.

Marcus Washington v. State of Indiana (NFP)
49A02-1105-CR-429
Criminal. Affirms convictions of murder, and Class A misdemeanor carrying a handgun without a license.

Foster Mowrey v. State of Indiana (NFP)
02A03-1108-CR-406
Criminal. Affirms sentence following guilty plea to Class D felony battery and Class A misdemeanor possession of marijuana.

Jim A. Edsall v. State of Indiana (NFP)
57A03-1110-CR-462
Criminal. Reverses order denying permission to file a belated notice of appeal.

Larry D. Madden v. State of Indiana (NFP)
73A01-1105-CR-230
Criminal. Affirms conviction of Class D felony theft.

Patrick Dewayne Carr, Jr. v. State of Indiana (NFP)
71A05-1105-CR-261
Criminal. Affirms convictions of Class B felony robbery, Class B felony burglary and Class A felony attempted murder.

David Butler v. State of Indiana (NFP)
34A05-1109-CR-477
Criminal. Affirms sentence following guilty plea to Class B felony possession of cocaine.

Gloria Hussey, Personal Representative of the Estate of Steven Hussey v. William H. Toedebusch, M.D. (NFP)
89A01-1108-PL-345
Civil plenary. Reverses dismissal of Hussey’s complaint against Dr. Toedebusch and remands with instructions to reinstate the complaint.
 

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  1. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

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  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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