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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. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

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  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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