ILNews

Opinions Dec. 13, 2010

December 13, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Involuntary Commitment of G.M.
33A01-1006-MH-325
Mental health. Holds that the committing court’s conclusion for the basis of its order to commit G.M.  – that he was incapable of providing himself food, clothing, shelter, or other essential human needs - wasn’t supported by the evidence. G.M. may be determined to be gravely disabled under another definition set forth in statute. Remands for a review of G.M.’s care and treatment.

Town of New Chicago v. City of Lake Station, et al.
45A03-1001-PL-22
Civil plenary. Reverses grant of partial summary judgment for Lake Station on the issue of liability and denial of New Chicago’s motion for summary judgment. There is no private right of action under the Clean Water Act. Laches is not available to New Chicago as a defense for Lake Station’s breach of contract claim. New Chicago met its burden of proving the defense of equitable estoppel. Remands for summary judgment to be entered in favor of New Chicago on its equitable estoppel defense.

Michelle Daub v. State of Indiana (NFP)
85A02-1003-CR-325
Criminal. Affirms denial of motion to suppress.

J.R. v. Review Board (NFP)
93A02-1001-EX-4
Civil. Affirms denial of request for unemployment benefits.

Antelmo Juarez v. State of Indiana (NFP)
20A05-1006-CR-405
Criminal. Affirms conviction of and sentence for murder.

Tiara N. White v. State of Indiana (NFP)
29A04-1005-CR-341
Criminal. Affirms sentence imposed following revocation of probation.

Justin Morris v. State of Indiana (NFP)
54A04-1005-CR-325
Criminal. Affirms sentence following guilty plea but mentally ill to murder and Class B felony arson.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court granted two transfers and denied 27 for the week ending Dec. 10.

 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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