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Opinions Dec. 16, 2010

December 16, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
William Hurst v. State of Indiana
49A02-1004-CR-378
Criminal. Affirms denial of motion to suppress evidence obtained upon the execution of a search warrant. To the extent the trial court concluded that Eric Thomas was inherently credible simply because he was a cooperating citizen informant, the trial court erred. A texted photo to Thomas corroborated the hearsay and there was sufficient evidence to support a finding of probable cause.

Anne W. Murphy, et al. v. Paul Terrell, et al.
49A04-1003-PL-198
Civil plenary. Reverses summary judgment in favor of Terrell and the class on their suit for injunctive relief against the state. Unsuccessful applicants for Medicaid disability benefits do not have a constitutional right to an in-person administrative hearing. Remands for summary judgment in favor of the state.

St. Mary Medical Center v. Marsha Bakewell
45A03-1004-CT-227
Civil tort. Affirms grant of Bakewell’s motion to correct error. Bakewell’s allegation may proceed under a premises liability theory, even though originally she also pursued as a medical malpractice claim.

Lightpoint Impressions, LLC v. Metropolitan Dev. Comm. of Marion County
49A02-1004-MI-435
Miscellaneous. Affirms that the Metropolitan Development Commission may hear appeals of decisions of the Lawrence Board of Zoning Appeals. Reverses grant of the MDC’s motion for summary judgment because it’s not clear whether the MDC had issued a final decision in the matter before Lightpoint appealed.

City of Kokomo, et al. v. Florence Pogue, et al.
34A02-1003-MI-356
Miscellaneous. Reverses denial of Kokomo’s motion to dismiss a remonstrance petition filed by a group of landowners whose land Kokomo wants to annex. The trial court erred in finding certain waivers of the right to remonstrate in exchange for connecting to the sewer system to be ineffective. Excluding those people’s signatures on the remonstrance petition causes the percentage of valid landowner signatures to fall below the statutorily-mandated minimum 65 percent.

R.D. v. Review Board
93A02-1005-EX-559
Civil. Reverses denial of R.D.’s application to attend the Art Institute for retraining because of the cost difference between that school and Ivy Tech. There is no substantial evidence supporting the review board’s denial. R.D.s’ request satisfies the “reasonable cost” requirement of 20 C.F.R. section 617.22(a)(6) and is consistent with the purpose of the Trade Act of 1974. Remands for further proceedings. Chief Judge Baker dissents.

Joseph Prewitt v. State of Indiana (NFP)
36A05-1004-CR-314
Criminal. Affirms sentence following guilty plea to Class D felony theft. Remands with instructions to award the proper amount of credit time and to correct clerical errors.

Carlos Morales v. State of Indiana (NFP)
49A02-1005-CR-599
Criminal. Affirms conviction of Class D felony sexual battery and reverses conviction of Class D felony criminal confinement. Remands with instructions to vacate the criminal confinement conviction.

Byron Dixon v. State of Indiana (NFP)
49A04-1005-CR-314
Criminal. Affirms conviction of Class B felony carjacking.

Term. of Parent-Child Rel. of K.R.; C.P.R. v. IDCS and Guardian Ad Litem program (NFP)
47A04-1007-JT-458
Juvenile. Affirms termination of parental rights.

Joseph Prewitt v. State of Indiana (NFP)
36A01-1004-CR-238
Criminal. Affirms sentence following guilty plea to Class D felony operating a motor vehicle while privileges are suspended.

Terrence L. Oliver v. State of Indiana (NFP)
10A01-0912-CR-564
Criminal. Affirms convictions of and sentence for Class A felony dealing in a narcotic drug and Class D felony maintaining a common nuisance.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Compromising precious constitutional rights in order to protect them? Rather like the military intelligence slogan that the town had to be destroyed in order to save it. Looks like Joseph, Mary and Baby Jesus will have quite the eventful Boxing Day this year. Wise men will arrive to find no one to accept their gifts? Oh well, wisdom not all that desired this xmas anyway. Maybe the ACLU and Christian attorneys can work out a "three days every third year" visitation compromise and all of this messy litigation stuff can just be boxed up as well? It is an art form, now isn't it? Thomas More, a man of manifold compromises is undoubtedly cheering on wildly.

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "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

  4. 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."

  5. 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.

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