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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. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. 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.

  5. 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.

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