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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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  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

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