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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. That comment on this e-site, which reports on every building, courtroom or even insignificant social movement by beltway sycophants as being named to honor the yet-quite-alive former chief judge, is truly laughable!

  2. Is this a social parallel to the Mosby prosecutions in Baltimore? Progressive ideology ever seeks Pilgrims to burn at the stake. (I should know.)

  3. The Conour embarrassment is an example of why it would be a good idea to NOT name public buildings or to erect monuments to "worthy" people until AFTER they have been dead three years, at least. And we also need to stop naming federal buildings and roads after a worthless politician whose only achievement was getting elected multiple times (like a certain Congressman after whom we renamed the largest post office in the state). Also, why have we renamed BOTH the Center Township government center AND the new bus terminal/bum hangout after Julia Carson?

  4. Other than a complete lack of any verifiable and valid historical citations to back your wild context-free accusations, you also forget to allege "ate Native American children, ate slave children, ate their own children, and often did it all while using salad forks rather than dinner forks." (gasp)

  5. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

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