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Opinions April 11, 2013

April 11, 2013
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Indiana Supreme Court
Utility Center, Inc. d/b/a Aqua Indiana, Inc. v. City of Fort Wayne, Indiana
90S04-1208-PL-450
Civil plenary. Reverses the judgment of the trial court granting the city’s motion to strike a jury request by Aqua Indiana and remands this cause for further proceedings. Concludes that “rehear the matter of the assessment de novo” within the meaning of Indiana Code 32-24-2-11(a) contemplates a new hearing with trial and judgment as in all other civil actions. And where a party so requests, a trial by jury.

Indiana Court of Appeals
State Farm Fire & Casualty Company v. Joseph Martin Radcliff and Coastal Property Management LLC, a/k/a CPM Construction of Indiana
29A04-1111-CT-571
Civil tort. Affirms jury verdict of $14.5 million in favor of Radcliff and his company on their defamation counterclaim against State Farm. Concludes that State Farm is not entitled to judgment on the counterclaim on the defenses of the public interest privilege for crime reporting and statutory immunity, and Radcliff failed to prove actual malice by clear and convincing evidence. Upholds the jury verdict that Radcliff proved actual malice by clear and convincing evidence and holds that State Farm is not entitled to a new trial on damages.

Jon J. Reid v. State of Indiana (NFP)
20A04-1207-PC-362
Post conviction. Affirms denial of petition for post-conviction relief.  

The Indiana Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. 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.

  2. 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!

  3. If our State Government would sue for their rights to grow HEMP like Kentucky did we would not have these issues. AND for your INFORMATION many medical items are also made from HEMP. FOOD, FUEL,FIBER,TEXTILES and MEDICINE are all uses for this plant. South Bend was built on Hemp. Our states antiquated fear of cannabis is embarrassing on the world stage. We really need to lead the way rather than follow. Some day.. we will have freedom in Indiana. And I for one will continue to educate the good folks of this state to the beauty and wonder of this magnificent plant.

  4. Put aside all the marijuana concerns, we are talking about food and fiber uses here. The federal impediments to hemp cultivation are totally ridiculous. Preposterous. Biggest hemp cultivators are China and Europe. We get most of ours from Canada. Hemp is as versatile as any crop ever including corn and soy. It's good the governor laid the way for this, regrettable the buffoons in DC stand in the way. A statutory relic of the failed "war on drugs"

  5. Cannabis is GOOD for our PEOPLE and GOOD for our STATE... 78% would like to see legal access to the product line for better Hoosier Heath. There is a 25% drop in PAIN KILLER Overdoses in states where CANNABIS is legal.

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