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.
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.
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)
Criminal. Affirms denial of motion to suppress.

J.R. v. Review Board (NFP)
Civil. Affirms denial of request for unemployment benefits.

Antelmo Juarez v. State of Indiana (NFP)
Criminal. Affirms conviction of and sentence for murder.

Tiara N. White v. State of Indiana (NFP)
Criminal. Affirms sentence imposed following revocation of probation.

Justin Morris v. State of Indiana (NFP)
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. Great observation Smith. By my lights, speaking personally, they already have. They counted my religious perspective in a pro-life context as a symptom of mental illness and then violated all semblance of due process to banish me for life from the Indiana bar. The headline reveals the truth of the Hoosier elite's animus. Details here: Denied 2016 petition for cert (this time around): (“2016Pet”) Amicus brief 2016: (“2016Amici”) As many may recall, I was banned for five years for failing to "repent" of my religious views on life and the law when a bar examiner demanded it of me, resulting in a time out to reconsider my "clinging." The time out did not work, so now I am banned for life. Here is the five year time out order: Denied 2010 petition for cert (from the 2009 denial and five year banishment): (“2010Pet”) Read this quickly if you are going to read it, the elites will likely demand it be pulled down or pile comments on to bury it. (As they have buried me.)

  2. if the proabortion zealots and intolerant secularist anti-religious bigots keep on shutting down every hint of religious observance in american society, or attacking every ounce of respect that the state may have left for it, they may just break off their teeth.

  3. "drug dealers and traffickers need to be locked up". "we cannot afford just to continue to build prisons". "drug abuse is strangling many families and communities". "establishing more treatment and prevention programs will also be priorities". Seems to be what politicians have been saying for at least three decades now. If these are the most original thoughts these two have on the issues of drug trafficking and drug abuse, then we're no closer to solving the problem than we were back in the 90s when crack cocaine was the epidemic. We really need to begin demanding more original thought from those we elect to office. We also need to begin to accept that each of us is part of the solution to a problem that government cannot solve.

  4. What is with the bias exclusion of the only candidate that made sense, Rex Bell? The Democrat and Republican Party have created this problem, why on earth would anyone believe they are able to fix it without pushing government into matters it doesn't belong?

  5. This is what happens when daddy hands over a business to his moron son and thinks that everything will be ok. this bankruptcy is nothing more than Gary pulling the strings to never pay the creditors that he and his son have ripped off. they are scum and they know it.