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Opinions Dec. 3, 2010

December 3, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Marion County Auditor & McCord Investments v. Sawmill Creek
49A02-0912-CV-1192
Civil. Affirms order granting motion filed by Sawmill Creek to set aside a tax deed the auditor issued to McCord Investments. Follows the holding of the U.S. Supreme Court in Jones to agree with the trial court that the owner of the lot, Sawmill Creek, wasn’t provided constitutionally adequate notice of the tax sale.

Sheila Perdue, et al. v. Anne W. Murphy, et al.
49A02-1003-PL-250
Civil plenary. Reverses summary judgment in favor of the Family and Social Services Administration on the ruling that in general FSSA procedures regarding an adverse action notice satisfied procedural due process requirements. The recipients had due process rights, at a minimum including the right to notice and an opportunity to be heard, but were routinely given non-specific notice of adverse decisions, hampering their right to be heard on appeal. Affirms declaratory judgment and injunction against the FSSA for violating federal law governing Supplemental Nutrition Assistance Program and utilizing a “failure to cooperate” standard as opposed to “refusal to cooperate” standard, and had violated Perdue’s rights under the Americans with Disabilities Act and Rehabilitation Act.  

Michael Gray v. D & G, Inc.
29A04-1002-CT-113
Civil tort. Reverses summary judgment for D&G in Gray’s negligence action against Sandstone Bar & Grill. The trial court erred in ruling that Gray could not recover from Sandstone because of his voluntary intoxication. Remands for further proceedings.

Carlton J. Harwood v. State of Indiana (NFP)
57A03-1005-CR-263
Criminal. Affirms conviction of Class A felony dealing in methamphetamine.

T.P. v. Review Board of the Ind. Dept. of Workforce Development and Central Indiana Cooling & Heating (NFP)
93A02-1003-EX-297
Civil. Affirms that T.P. was ineligible for unemployment benefits because he was discharged for just cause.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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