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Opinions Aug. 8, 2013

August 8, 2013
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Indiana Supreme Court
Mary Alice Manley, and Gary Manley v. Ryan J. Sherer, M.D., and Sherer Family Medicine, P.C.
59S01-1205-PL-249
Civil plenary/medical malpractice. Reverses grant of summary judgment in favor of defendants and remands for further proceedings, finding issues of material facts exist as to when plaintiffs knew of alleged malpractice or learned of the facts that should lead to the discovery of malpractice and resulting injury. Summary judgment should have been denied as to the defendants’ claim of absence of an element of causation necessary to establish liability.

Indiana Court of Appeals
In Re: The Carroll County 2012 Tax Sale Twin Lakes Regional Sewer District v. Steven E. Hruska, Virginia Hanna & Equity Trust Co. FBO#80677 & Carroll Cnty, Indiana, by & through Carroll Cnty Auditor
08A02-1303-MI-220
Mortgage foreclosure. Affirms judgment of trial court that the properties could not be sold at the tax sale because the only liens on the property were sewer liens. Rules lower court properly applied Indiana Code Section 13-26-14-4 which prohibits foreclosure in cases where only a sewer lien has been filed against the property.

Jeffrey G. Tourney v. State of Indiana (NFP)
02A03-1211-CR-503
Criminal. Affirms three-year executed sentence for conviction of two counts of class D felony criminal mischief, and found counts of Class A misdemeanor cruelty to an animal.

Mickey L. Whitlock v. State of Indiana (NFP)
79A02-1210-CR-850
Criminal. Affirms denial of modification of a 36-year executed sentence on a conviction of Class A felony burglarly resulting in bodily injury.

Reginald D. Baker v. State of Indiana (NFP)
02A05-1301-CR-32
Criminal. Affirms three-year aggregate sentence for conviction of Class D felony counts of domestic battery and strangulation.

Timothy R. Thacker v. State of Indiana (NFP)
20A03-1212-CR-558
Criminal. Affirms in part, reverses in part and remands, ordering the court to vacate one of two convictions and sentences for Class D felony theft and receiving stolen property, holding the that the convictions violate the principles of double jeopardy.

Anthony J. Gipson v. State of Indiana (NFP)
46A04-1304-CR-154
Criminal. Reverses and remands denial of a petition for credit time not previously awarded by the Department of Correction for educational credits and orders further proceedings.

Tamera Richards v. State of Indiana (NFP)
79A02-1301-CR-38
Criminal. Affirms 25-year sentence for conviction of Class B felony causing death while operating a motor vehicle with a schedule I or II controlled substance in the body, which was enhanced for being a habitual substance offender.

Jeffrey Alan Davis v. State of Indiana (NFP)
83A01-1301-CR-44
Criminal. Affirms on interlocutory appeal denial of motion to suppress evidence in a search of his residence that led to charges of manufacturing and dealing methamphetamine.

Kenneth Frye v. State of Indiana (NFP)
89A05-1211-CR-577
Criminal. Affirms 55-year sentence for conviction of murder.

Zachariah Brownie v. State of Indiana (NFP)
49A04-1301-CR-3
Criminal. Affirms revocation of probation on a conviction of Class D felony criminal confinement.

Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.



 

 
 

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  1. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  2. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  3. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  4. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  5. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

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