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. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  2. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  3. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  4. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  5. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

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