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Opinions Feb. 10, 2012

February 10, 2012
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7th Circuit Court of Appeals had issued no Indiana opinions by IL deadline.

Indiana Court of Appeals

Commissioner of the Indiana Dept. of Insurance v. Tim Black, as Husband and Personal Rep. of Kay Black, Deceased
64A05-1104-CT-240
Civil tort. Reverses trial court’s denial of commissioner’s motion to dismiss but agrees with Black that because additional documentation had accompanied the commissioner’s motion, it should be treated as a motion for summary judgment, pursuant to Trial Rule 56. Holds that Black did not provide sufficient evidence of an agreement and a genuine issue of material fact exists. Remands for further proceedings.  

Westfield National Insurance Company v. Charlotte Nakoa, Warren E. Rigg, Steven L. Rigg, and Larry D. Rigg (NFP)
64A03-1108-PL-345
Civil plenary. Affirms trial court’s entry of summary judgment in favor of Nakoa, and on Nakoa’s cross-appeal holds that the trial court did not err in granting Westfield National’s motion to correct error by deducting $10,200 from the original judgment.  

Gregory J. Mills v. Dean Kimbley (NFP)
49A04-1105-CT-236
Civil tort. Affirms trial court’s denial of Mills’ contempt motion. On cross-appeal from Kimbley, reverses trial court’s determination that Kimbley was not entitled to attorney fees incurred while defending against the contempt action and remands to the trial court to calculate Kimbley’s attorney fees.

Robert O. Caruthers, Jr. v. State of Indiana (NFP)
10A01-1009-CR-514
Criminal. Affirms convictions of Class B felony dealing in cocaine, Class A felony dealing in cocaine, two counts of Class D felony possession of a controlled substance and Class C felony maintaining a common nuisance.

Indiana Tax Court and Indiana Supreme Court had issued no opinions at IL deadline.
 

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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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