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Opinions Aug. 3, 2010

August 3, 2010
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Indiana Supreme Court had posted no opinions by IL deadline.

Indiana Court of Appeals

F.B. Boushehry v. City of Indianapolis, et al.
49A05-1002-PL-55
Civil. Affirms trial court’s grant of summary judgment in the city’s favor because Boushehry’s claim did not meet the Indiana Tort Claims Act notice requirement.

Ron Droscha v. Scott Shepherd and Fort Wayne Area Association of Realtors
52A02-1001-PL-26
Civil. Affirms trial court’s grant of Shepherd and the association’s motions to dismiss Droscha’s petition to vacate an arbitration award.

James Chenoweth v. State of Indiana (NFP)
20A03-0912-CR-566
Criminal. Affirms convictions of two counts of Class A felony child molesting.

John W. Sawyer v. State of Indiana (NFP)
48A04-1001-CR-129
Criminal. Affirms revocation of probation.

Yul Anderson and Rachel Anderson v. Ronald E. Weldy (NFP)
30A01-0906-CV-271
Civil. Remands for the trial court to make a determination on Weldy’s claim of fraud and for contractual attorney fees and costs under the lease agreement. Rules the trial court did not err in granting summary judgment in Weldy’s favor regarding his breach-of-contract claim, and that the court correctly dismissed the Andersons’ counterclaims of tortuous interference with a business relationship and slander.

Ashley Smith v. State of Indiana (NFP)
48A02-1001-CR-7
Criminal. Affirms convictions of and sentences for Class D felony operating a vehicle while intoxicated and Class A misdemeanor operating while intoxicated in two separate causes, and affirms violation of probation in another cause.

Janell Peery v. Indiana Department of Child Services (NFP)
72A01-0910-CV-497
Civil. Affirms dismissal of petition for judicial review of Indiana Department of Child Services’ decision affirming substantiated findings of child abuse and neglect.

William G. McLaughlin v. State of Indiana (NFP)
85A02-1002-CR-260
Criminal. Affirms denial of petition for permission to file a belated notice of appeal.

Indiana Tax Court had posted no opinions by IL deadline.

 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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