ILNews

Opinions April 13, 2011

April 13, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Douglas M. Grimes v. Victoria Crockrom, et al.
45A03-1008-CT-491
Civil tort. Affirms order that Grimes, Crockrom’s former attorney, produce Crockrom’s medical records he obtained while he was representing her. The trial court erred when it did so without first providing for the security of the attorney fees owed. Grimes has a valid retaining lien over Crockrom’s medical records. Remands with instructions that the court determine how much in attorney fees Grimes is owed and then order Crockrom to provide security for the payment of those fees.

D.G. v. State of Indiana
49A04-1006-JV-416
Juvenile. Reverses true finding that D.G. committed what would be Class B felony child molesting if committed by an adult. The failure to assess victim A.S.’s competency before testifying was an error and requires reversing the true finding. There is sufficient evidence to permit another hearing on the allegations. Remands for further proceedings.

Brett Boston v. State of Indiana
32A01-1008-CR-421
Criminal. Affirms on interlocutory appeal the denial of Boston’s motion to suppress the results of his blood alcohol test. The trial court did not abuse its discretion in retroactively applying the 2010 amendments to I.C. Section 9-30-6-6 and reliance, thereon, in denying Boston’s motion to suppress. The amendments were remedial in nature, motivated by strong and compelling reasons aimed at public safety and welfare, and did not violate constitutional prohibitions against ex post facto criminal sanctions.

Michael J. Cable v. State of Indiana (NFP)
49A04-1006-CR-386
Criminal. Affirms convictions of three counts of Class D felony intimidation and one count of Class A misdemeanor invasion of privacy.

State of Indiana v. Mary McNeal (NFP)
84A05-1008-CR-485
Criminal. Affirms grant of McNeal’s motion to suppress.

Marvin L. Ervin v. State of Indiana (NFP)
49A02-1002-CR-123
Criminal. Affirms conviction of Class D felony theft and adjudication as a habitual offender.

Term. of Parent-Child Rel. of M.H.; R.S. v. IDCS (NFP)
79A02-1009-JT-1166
Juvenile. Affirms termination of parental rights.

Lisa and Nicole Tanasijevic v. Alicia Bookwood (NFP)
45A03-1007-CT-364
Civil tort. Affirms verdict in favor of Bookwood on the Tanasijevics’ complaint following an auto accident.

Claudette Mee, et al. v. George Albers, M.D., et al. (NFP)
03A01-1007-CT-339
Civil tort. Affirms jury verdict in favor of Dr. Albers and Southern Indiana OB/GYN on the Mees’ complaint for damages arising from alleged medical malpractice.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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