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Opinions Dec. 6, 2012

December 6, 2012
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Indiana Court of Appeals
Connie Yates, Rick Yates, Jason Tibbs, and Pauline Tibbs v. Levi Wayne Kemp

50A04-1204-CT-192
Civil tort. Reverses grant of partial summary judgment to Kemp on the Yateses’ and Tibbses’ claims for nuisance. Based on the plain language of I.C. 14-22-31.5-6 and its context in the act as a whole, Kemp is not shielded by section 6 from liability related to his neighbors’ nuisance claims arising from noise pollution. There is also a material fact as to whether Kemp has caused his neighbors to experience inconvenience, annoyance or discomfort.

Thomson, Inc., n/k/a Technicolor USA, Inc., Technicolor, Inc., and Technicolor Limited v. Continental Casualty Co.; Travelers Casualty & Surety Co. & Travelers Property Casualty Co. of Am., et al. 
49A05-1201-PL-24
Civil plenary. Affirms summary judgment in favor of Continental as to whether its umbrella policy issued to Technicolor covers losses resulting from administrative agencies. Under California law, damages under the umbrella policy are limited to those as a result of courtroom litigation rather than administrative proceedings.

In Re: The Adoption of K.H.: S.H. (Mother) v. W.B. and B.B. (Guardians) (NFP)
59A01-1205-AD-212
Adoption. Affirms denial of motion to correct error, which challenged the adoption of K.H.

Toni Cox v. State of Indiana (NFP)
49A02-1205-CR-367
Criminal. Affirms conviction of disorderly conduct.

Hugh Z. Nelson v. Renee Burtin (NFP)
45A03-1111-DR-576
Domestic relation. Dismisses appeal of the disposition of the marital assets.

Andra Dossey v. State of Indiana (NFP)
27A04-1204-CR-175
Criminal. Affirms order Dossey serve his entire previously suspended sentence after his probation was revoked.

Steven Kamp v. State of Indiana (NFP)
66A05-1109-PC-485
Post conviction. Grants rehearing to clarify certain factual assertions made in the original opinion and reaffirms in all respects.

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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