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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. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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