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Opinions Aug. 24, 2010

August 24, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Monty Rader v. State of Indiana
49A02-0907-CR-691
Criminal. Affirms denial of motion to suppress. The IP address used to log in to the monty20064 account was, on the dates in question, assigned to Rader’s home in Greencastle. Rejects Rader’s request that the court follow the precedent of the New Jersey Supreme Court and ignore the holding of the Indiana Supreme Court with regard to the issuance of investigatory subpoenas to third parties.

Bryan Berryman v. State of Indiana (NFP)
58A01-0911-CR-561
Criminal. Affirms convictions of Class D felony insurance fraud, Class B misdemeanor false reporting or informing, and Class B misdemeanor failure to stop after an accident resulting in damage to property of another person other than a vehicle.

William Adams, et al. v. William Smith, et al. (NFP)
18A04-1002-MI-65
Miscellaneous. Reverses dismissal of the Adamses’ complaint for fraud and fraudulent transfer against the Smiths and Danny Slusher. Remands for further proceedings.  

B.W. v. State of Indiana (NFP)
49A02-1001-JV-82
Juvenile. Affirms adjudication for forgery and theft if committed by an adult.

Joseph Dearborn v. State of Indiana (NFP)
13A05-0910-CR-618
Criminal. Affirms convictions of Class A felony dealing in methamphetamine, Class D felony maintaining a common nuisance, and Class A misdemeanor possession of paraphernalia.

Shane Schmutte v. State of Indiana (NFP)
49A04-0912-CR-693
Criminal. Affirms revocation of probation.

Dennis Ditchley v. State of Indiana (NFP)
49A02-0911-CR-1098
Criminal. Affirms convictions of Class A felony burglary, Class B felony robbery, and Class A misdemeanor carrying a handgun without a license.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. 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.

  2. 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.

  3. 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!

  4. If our State Government would sue for their rights to grow HEMP like Kentucky did we would not have these issues. AND for your INFORMATION many medical items are also made from HEMP. FOOD, FUEL,FIBER,TEXTILES and MEDICINE are all uses for this plant. South Bend was built on Hemp. Our states antiquated fear of cannabis is embarrassing on the world stage. We really need to lead the way rather than follow. Some day.. we will have freedom in Indiana. And I for one will continue to educate the good folks of this state to the beauty and wonder of this magnificent plant.

  5. Put aside all the marijuana concerns, we are talking about food and fiber uses here. The federal impediments to hemp cultivation are totally ridiculous. Preposterous. Biggest hemp cultivators are China and Europe. We get most of ours from Canada. Hemp is as versatile as any crop ever including corn and soy. It's good the governor laid the way for this, regrettable the buffoons in DC stand in the way. A statutory relic of the failed "war on drugs"

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