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Opinions April 8, 2011

April 8, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Samuel D. Raisor, et al. v. Edward O. Carter, et al.
49A05-1010-CT-629
Civil tort. Reverses summary judgment for Jimmie’s Raceway Pub, in which the trial court found the Raisors’ action was barred by the two-year statute of limitations for personal injury actions and the amended complaint couldn’t relate back to the original filing date because Jimmie’s received notice of the action after the expiration of the 120-day period allowed under Ind. Trial Rule 15(C). Jimmie’s wasn’t prejudiced as the owner learned of the suit within the two-year statute of limitations. Assuming the requirements of T.R. 15(C) are otherwise met, the 120-day limit will be applied only to enlarge the applicable statute of limitations.

Gerald W. Sandefur v. State of Indiana
71A05-1009-CR-605
Criminal. Affirms convictions of Class A misdemeanor invasion of privacy and Class D felony battery and remands with instructions to vacate the conviction and sentence for Class A misdemeanor battery. The arresting officer’s testimony fit the excited utterance exception to the hearsay rule, there is sufficient circumstantial evidence to convict Sandefur of battery, but he can’t be convicted of both the misdemeanor and felony on double jeopardy grounds.

Dana Birdin v. Barbara Blakemore (NFP)
49A02-1007-EU-833
Estate unsupervised. Affirms judgment against Birdin in the amount of $9,450 on a conversion claim and more than $75,000 on a replevin claim and order that Birdin pay Blakemore’s attorney fees.

Mark Gregory v. State of Indiana (NFP)
48A02-1009-CR-984
Criminal. Affirms revocation of probation and order Gregory serve his remaining term of approximately 65 years in prison.

Joseph Dixon v. State of Indiana (NFP)
49A04-1008-CR-488
Criminal. Affirms sentence following guilty plea to three counts of Class B felony burglary and one count of Class C felony burglary.

Indiana Tax Court had posted no opinions at IL deadline.

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  1. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  2. "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

  3. 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."

  4. 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.

  5. 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?

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