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Opinions Jan. 13, 2012

January 13, 2012
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The Indiana Supreme Court posted the following opinions Thursday after IL deadline:
In the Matter of Augustus J. Mendenhall
32S00-1005-DI-230
Disciplinary. Permanently disbarrs Mendall, the attorney who attacked State Rep. Ed DeLaney in 2009 and was convicted as guilty but mentally ill on five felonies and sentenced to 40 years imprisonment. Concludes that Mendenhall violated Indiana Professional Conduct Rule 8.4(b) by committing criminal acts, including attempted murder, that reflect adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer.
 
In the Matter of Nancy J. Flatt-Moore
30S00-0911-DI-535
Disciplinary. Issues a public reprimand to a deputy prosecutor that the Supreme Court found surrendered her prosecutorial discretion in plea negotiations entirely to the pecuniary demands of the victim of the crime. The court found she violated Rule 8.4(d) that prohibits attorneys from engaging in conduct prejudicial to the administration of justice.

Friday’s opinions
7th Circuit Court of Appeals
Kevin Harris v. Warrick County Sheriff’s Department
10-3706
U.S. District Court, Southern District of Indiana, Evansville Division, Chief Judge Richard Young.
Civil. Affirms District Court’s entry of summary judgment for the sheriff’s department in a case where a deputy sheriff’s probationary employment was terminated based on violations of standard operating procedures, failure to follow orders and insufficient commitment to the job. Harris’s circumstantial evidence of discrimination falls far short of supporting an inference that he was terminated because of his race.

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

Indiana Court of Appeals
Utility Center, Inc., d/b/a Aqua Indiana, Inc. v. City of Fort Wayne, Indiana
90A04-1101-PL-15
Civil. Affirms trial court judgment relating to a public utility’s property condemnation that was before the Fort Wayne Board of Public Works. Finds the trial court can and should decline to hold a jury trial and limit its review. Holds that judicial review of administrative determination of just compensation should be limited to the consideration of the agency record and other evidence on abuse of discretion.

In the Matter of the Term. of the Parent-Child Rel. of J.H. & Ja.H.; and M.H. v. The Indiana Dept. of Child Services (NFP)
48A05-1105-JT-225
Juvenile. Affirms trial court’s judgment terminating a mother’s parental rights to her two children.

In Re: The Commitment of A.M. v. Community North Hospital / Gallahue Mental Health Services (NFP)
49A02-1109-MH-887
Mental Health. Affirms that sufficient evidence was presented to support an involuntary commitment and finds the appeal is moot because the commitment expired Dec. 21, 2011.
 

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  1. 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?

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  3. 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.

  4. 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.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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