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Opinions Feb. 28, 2012

February 28, 2012
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7th Circuit Court of Appeals had issued no Indiana opinions at IL deadline.

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

Indiana Court of Appeals

Jacob Key, Ted J. Brown and Sally A. Brown v. Dewayne Hamilton
48A02-1007-CT-812
Civil tort. Affirms trial court’s grant of summary judgment in favor of Hamilton, holding that Key – by waving into traffic a driver who caused a crash with Hamilton – assumed a duty of care to a third-party motorist because the signaled driver reasonably expected that traffic was clear.

Gary Hazelwood v. Melissa Hazelwood n/k/a Melissa Butler (NFP)
03A04-1109-DR-493
Domestic relation. Affirms trial court’s denial of father’s petition to establish parenting time.

Xavier Morton v. State of Indiana (NFP)
49A02-1107-CR-711
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.

Antwan Rush v. State of Indiana (NFP)
49A05-1106-CR-295
Criminal. Affirms conviction of two counts of Class A felony dealing in cocaine and one count of Class A misdemeanor possession of marijuana.

Rafael Del Rio v. State of Indiana (NFP)
45A05-1106-CR-285
Criminal. Affirms conviction of Class A felony voluntary manslaughter.

James E. Lonaker v. Cambridge Investment, Inc., Dolgencorp Inc., d/b/a Dollar General Stores, Dean Foods Company, d/b/a Louis Trauth Dairy, et al. (NFP)
49A02-1107-CT-659
Civil tort. Affirms trial court’s decision to renew appellee’s motions for summary judgment, holding genuine issues of material fact exist regarding whether the defendants owed a duty to Lonaker and whether they proximately caused his injuries.

Miranda Herbert v. Steven Herbert (NFP)
16A01-1109-DR-418
Domestic relation. Affirms the court’s order granting father’s request to prevent the relocation of his children.

J.F. v. State of Indiana (NFP)
49A05-1108-JV-422
Juvenile. Affirms juvenile court’s admission as evidence contraband seized from J.F.’s pocket.

Jessica Deaton v. State of Indiana (NFP)
34A05-1110-CR-536
Criminal. Affirms sentence for Class C felony neglect of a dependent.

Dwayne K. Allen v. State of Indiana (NFP)

34A02-1101-PC-52
Post conviction. Affirms post-conviction court’s denial of claim for ineffective assistance of appellate counsel based on counsel’s failure to challenge the trial court’s denial of Allen’s request for a competency evaluation and challenging the post-conviction court’s decision not to hold a new sentencing hearing.

Michael D. Thorning v. State of Indiana (NFP)
24A01-1109-CR-453
Criminal. Affirms sentence for Class D felony counterfeiting.
 

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  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. My situation was hopeless me and my husband was on the verge of divorce. I was in a awful state and felt that I was not able to cope with life any longer. I found out about this great spell caster drlawrencespelltemple@hotmail.com and tried him. Well, he did return and now we are doing well again, more than ever before. Thank you so much Drlawrencespelltemple@hotmail.comi will forever be grateful to you Drlawrencespelltemple@hotmail.com

  4. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  5. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

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