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Opinions April 12, 2011

April 12, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Cassandra Johnson and Jarrett Buse v. Anya E. Wait, et al.
82A01-0910-CV-498
Civil. Affirms the jury instruction on contributory negligence, finding sufficient evidence to support giving it. The trial court didn’t err by refusing to give the tendered instruction on the doctrine of res ipsa loquitur offered by Johnson and Buse because there is a dearth of evidence as to exactly how and when Johnson’s shoulder injuries occurred. Affirms trial court allowance of a defense orthopedic expert witness to testify as to his opinions on causation.

Phyllis and Michael Klosinski v. Cordry Sweetwater Conservancy District
07A01-1008-PL-429
Civil plenary. Reverses finding that the Klosinskis were entitled to bring the action for an injunction against the conservancy district for anything other than the septic inspection program. The district concedes that the couple has an actual or active controversy with the district regarding participation in the septic inspection program. Reverses finding that the couple was adversely affected regarding the septic inspection program. The district wasn’t acting outside of its statutory authority when it implemented the septic inspection program. Affirms denial of the Klosinskis’ request for an injunction regarding the septic inspection program. Judge Baker concurs in part and dissents in part.

Lamar M. Crawford v. State of Indiana
49A05-1006-CR-377
Criminal. Affirms murder conviction. The trial court did not abuse its discretion when it quashed part of Crawford’s request for production of documents to a nonparty television production company, and the state produced sufficient evidence to prove beyond a reasonable doubt that Crawford committed murder.

Jessica Borjas v. State of Indiana
49A02-1009-CR-1048
Criminal. Affirms two convictions of Class C felony forgery, stating that even though no paper record existed of Jessica Borjas forging Arie Hornbeak’s signature for two purchases, the digital signatures were sufficient evidence to convict.

John Grimes v. Tamara Grimes (NFP)
48A02-1007-DR-825
Domestic relation. Affirms trial court’s decision to deny John Grimes’ motion to correct error in a post-dissolution proceeding.

Sherrill Essett v. State of Indiana (NFP)
49A02-1005-CR-481
Criminal. Reverses jury trial’s conviction of Sherrill Essett for Class D felony theft, stating evidence was not sufficient to support conviction.

Charlotte A. Hunt v. State of Indiana (NFP)
49A04-1010-CR-628
Criminal. Affirms conviction of Class A misdemeanor possession of paraphernalia.

John Mark Harris v. State of Indiana (NFP)
85A04-1006-CR-390
Criminal. Affirms convictions of Class D felony receiving stolen property and Class B felony conspiracy to commit burglary. Affirms court’s determination that John Mark Harris is a habitual offender and affirms sentences.

Adoption of J.H.; I.H. v. J.R. & W.R. (NFP)
29A02-1009-AD-1091
Adoption. Affirms trial court’s ruling that father’s consent to adoption was not required.

Bryant Carr v. State of Indiana (NFP)
49A02-1009-CR-962
Criminal. Affirms convictions of Class D felony strangulation and Class A misdemeanor battery.

Martha J. Tichenor v. Daniel Dodson (NFP)
07A01-1006-PO-285
Order of protection. Reverses protection order in favor of Daniel Dodson, et al., stating that repeated e-mails do not fall under protection statute.

Brice Webb v. State of Indiana (NFP)

71A05-1007-CR-517
Criminal. Affirms murder conviction.

Sieb Corp., Inc., Kurt Siebert, et al. v. Laidig Systems, Inc., Mishawaka Leasing Corp., et al. (NFP)
71A03-1010-CT-531
Civil tort. Affirms trial court’s summary judgment in favor of DJ Construction, Progressive, and Clarkco. Reverses trial court’s grant of summary judgment in favor of Laidig Systems, Wyn, and Mishawaka Leasing Corp., and remands for further proceedings.

Term. of Parent-Child Rel. of E.C. & J.V.; J.V. v. IDCS (NFP)
71A04-1010-JT-630
Juvenile termination of parental rights. Affirms trial court’s termination of father’s parental rights.

Term. of Parent-Child Rel. of A.G., J.S., & K.S.; G.S. v. IDCS (NFP)
02A03-1009-JT-489
Juvenile termination of parental rights. Affirms trial court’s termination of father’s parental rights.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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