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Opinions Dec. 20, 2010

December 20, 2010
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The following opinions were posted after IL deadline Friday:
Indiana Supreme Court
Indiana High School Athletic Association v. Jasmine S. Watson
71S03-1002-CV-119
Civil. Reverses trial court finding that the Indiana High School Athletic Association’s decision that Watson transferred schools primarily for athletic reasons was arbitrary and capricious and granted her preliminary injunction to prevent the IHSAA from enforcing its decision. Finds the IHSAA’s decision wasn’t arbitrary and capricious. Justices Dickson and Rucker dissent.

Sheehan Construction Company, et al. v. Continental Casualty Company, et al.
49S02-1001-CV-32
Civil. Grants rehearing to address Indiana Insurance’s alternative argument that summary judgment should also be affirmed on grounds that Sheehan provided untimely notice of its claims. Affirms the trial court properly granted summary judgment in favor of Indiana Insurance on this point. Sheehan conceded it didn’t give timely notice of claims. Because prejudice to the insurer was therefore presumed, Indiana Insurance carried its initial burden of demonstrating it had no liability to Sheehan under the policy of insurance. Sheehan has not directed to the Supreme Court evidence it presented to the trial court rebutting the presumption of prejudice. Affirms all other respects of the original opinion.

Today’s opinions
Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Bruce R. Smith v. Morgan L. Smith
02A03-1005-DR-276
Domestic relation. Reverses division of marital property. The trial court abused its discretion by awarding Morgan more than 100 percent of the marital estate. Remands for a just and reasonable division of the marital estate not exceeding the net value of the estate.

Reginald D. West v. State of Indiana
45A03-1003-PC-213
Post conviction. Affirms denial of post-conviction relief. Affirms that West was afforded effective assistance of trial counsel when his attorney didn’t object to certain statements made by the deputy prosecutor in closing and rebuttal statements and when his attorney didn’t call certain alibi witnesses.

Term. of Parent-Child Rel. of I.L., et al.; A.L. & P.L. v. Allen County DCS (NFP)
02A03-1006-JT-319
Juvenile. Affirms termination of parental rights.

A.Q. v. Review Board, et al. (NFP)
93A02-1004-EX-405
Civil. Affirms decision by the review board not to reinstate A.Q.’s appeal from the determination he is ineligible for unemployment benefits.

Markisha Hill v. State of Indiana (NFP)
49A04-1005-CR-297
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Corey J. Smith v. State of Indiana (NFP)
45A05-1004-CR-221
Criminal. Affirms convictions of felony murder, two counts of Class A felony attempted murder, and two counts of Class B felony aggravated battery.

J.P. v. State of Indiana (NFP)
49A02-0910-JV-1050
Juvenile. Affirms true finding that J.P. is a delinquent child who committed Class C felony and Class B felony child molesting if committed by an adult.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court has granted three transfers and denied 17 for the week ending Dec. 17.
 

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  1. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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