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Opinions April 6, 2011

April 6, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Gariup Construction Co. v. Carras-Szany-Kuhn & Associates, et al.
45A04-1007-PL-429
Civil plenary. Affirms summary judgment in favor of the architect Carras-Szany-Kuhn and the successful bidder and denied unsuccessful bidder Gariup Construction’s claim alleging the architect; Behling & Son, the successful bidder; and others colluded to restrict bidding in violation of the Indiana Antitrust Act. The designated evidence doesn’t present a genuine issue of material fact from which a factfinder could reasonably infer that the architect and successful bidder colluded to restrict bidding. Declines to find that the architect and successful bidder are entitled to appellate attorneys fees.

Larry D. Mitchell v. State of Indiana
49A02-1003-CR-340
Criminal. Affirms denial of petition for post-conviction relief. The post-conviction court did not err in finding that Mitchell failed to sustain his burden of proof on his ineffective assistance claims.

Larry Pryor v. State of Indiana (NFP)
49A02-1005-CR-556
Criminal. Affirms adjudication as a habitual offender after being found guilty of burglary, theft, and possession of paraphernalia.

First Consumer Credit, Inc. v. Sho-Pro of Indiana, Inc. (NFP)
49A02-1010-CC-1245
Civil collections. Reverses summary judgment in favor of Sho-Pro of Indiana in First Consumer Credit Inc.’s action alleging breach of contract. Remands with instructions to enter summary judgment in favor of FCC.

Indiana Tax Court had posted no opinions at IL deadline.









 

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  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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