ILNews

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. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. 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.

  4. 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?

  5. 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?

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