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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. 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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