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Opinions Aug. 11, 2011

August 11, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Westville Correctional Facility, et al. v. George Finney
49A05-1103-PL-92
Civil plenary. Affirms grant of Finney’s verified petition for judicial review. Westville has not shown that the reviewing court committed reversible error. It is clear from the record that the agency’s action was without evidentiary foundation, let alone substantial evidence as required by Ind. Code 4-21.5-5-14(d)(5).

Shepherd Properties Co. v. International Union of Painters and Allied Trades, District Council 91
49A04-1010-PL-676
Civil plenary. Grants rehearing for the limited purpose of expanding upon the discussion of the issue presented on appeal concerning the propriety of an award of attorney fees under the Indiana Access to Public Records Act. The appellate court doesn’t disagree with the union’s contention, or prior observations from the court, that APRA does not include language explicitly precluding attorney fees from a third party. Conversely, APRA does not include language providing for payment of attorney fees by an intervenor, and the judges declined to write into the statute such a provision.

Karl Driver v. State of Indiana
71A05-1012-PC-795
Post conviction. Affirms denial of Driver’s verified motion to vacate judgment. Driver gained actual knowledge of the judgment when the trial court sent him a copy Sept. 7, 2010, but he did not file his motion until Oct. 29, 2010, which was outside the 30-day deadline for filing a notice of appeal.

Bradley A. Hole v. State of Indiana (NFP)
89A01-1012-CR-680
Criminal. Affirms denial of motion for pre-trial jail credit time.

James Clint Lawson v. State of Indiana (NFP)

31A01-1012-CR-627
Criminal. Affirms sentence following guilty plea to Class B felony possession of a firearm by a serious violent felon, Class D felony strangulation, Class A misdemeanor domestic battery, and Class A felony dealing in methamphetamine.

Indiana Tax Court had posted no opinions at IL deadline.

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  1. 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.

  2. 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?

  3. 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?

  4. This is easily remedied, and in a fashion that every church sacrificing incense for its 501c3 status and/or graveling for government grants should have no problem with ..... just add this statue, http://commons.wikimedia.org/wiki/File:Capitoline_she-wolf_Musei_Capitolini_MC1181.jpg entitled, "Jesus and Cousin John learn to suckle sustenance from the beloved Nanny State." Heckfire, the ACLU might even help move the statue in place then. And the art will certainly reflect our modern life, given the clergy's full-bellied willingness to accede to every whim of the new caesars. If any balk, just threaten to take away their government milk … they will quiet down straightaway, I assure you. Few, if any of them, are willing to cross the ruling elite as did the real J&J

  5. Tina has left the building.

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