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Opinions Dec. 23, 2013

December 23, 2013
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Indiana Court of Appeals
Michael W. Peters, M.D. and Deaconess Hospital, Inc. v. Cynthia S. Kendall and Michael J. Kendall
82A01-1302-PL-55
Civil plenary. Affirms denial of the medical group’s motion for partial summary judgment in the medical malpractice lawsuit brought by the Kendalls. The proof of claim filed by the Kendalls in the liquidation proceedings of Dr. Peters’ insurer does not constitute a binding contract.

Duane Jadrich v. State of Indiana
32A04-1302-CR-67
Criminal. Reverses convictions of Class A misdemeanors possession of marijuana and paraphernalia possession. The sheriff’s deputy’s search of Jadrich’s home after trying to serve a protective order violated the Fourth Amendment.

Town of Newburgh v. Town of Chandler
87A01-1305-CT-203
Civil tort. Affirms denial of summary judgment for Chandler and reverses denial of summary judgment of Newburgh on the issue of whether Newburgh’s ordinance can prevent Chandler from providing new sewer services to customers within a specific area. Remands with instructions to enter summary judgment for Newburgh. The statutes as they exist authorized Newburgh’s ordinance.

Djomon N. Tito v. State of Indiana (NFP)
49A02-1304-CR-315
Criminal. Affirms conviction of Class B misdemeanor battery.

In the Matter of the Termination of the Parent-Child Rel. of: J.S. (Minor Child), and K.G. (Father) v. The Indiana Department of Child Services (NFP)
49A02-1305-JT-438
Juvenile. Affirms termination of parental rights.

In the Matter of the Civil Commitment of: N.F. v. Wishard Health Services, Midtown Community Mental Health Center (NFP)
49A02-1304-MH-306
Mental health. Affirms involuntary commitment.

Shamberley Jones v. State of Indiana (NFP)
49A05-1305-CR-231
Criminal. Affirms decision to impose restitution but remands for recalculation of those damages.

Ethan Sizemore v State of Indiana (NFP)
39A05-1306-CR-271
Criminal. Affirms sentence following guilty plea to Class C felony burglary.

Stardust Development, LLC v. Randy Cassady (NFP)
53A01-1305-PL-210
Civil plenary. Reverses order that certain real estate jointly owned by Stardust Development and Cassady be sold at sheriff’s sale by public auction with no reserve.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
 

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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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