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Opinions Jan. 15, 2014

January 15, 2014
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Indiana Court of Appeals
The City of Fort Wayne v. Northern Indiana Public Service Company and NiSource, Inc.
02A04-1307-CT-366
Civil tort. Affirms summary judgment for NIPSCO and NiSource on the city’s lawsuit after NIPSCO’s contractor damaged an underground drain, causing flooding. The city’s failure to discharge its statutory duties to provide accurate locations of its underground facilities to NIPSCO is dispositive of all claims on appeal.

Tracy Rambo v. Jeffrey Justice, M.D. (NFP)
7A03-1308-CT-322
Civil tort. Reverses summary judgment in favor of Justice on Rambo’s medical malpractice claim. Remands for further proceedings.

Beverly Czech v. James Czech (NFP)
45A05-1305-DR-234
Domestic relation. Reverses exclusion of real property inherited by James Czech through intestate succession in the dissolution of the Czechs’ marriage. Remands for further proceedings.

Calvin Murphy v. State of Indiana (NFP)
49A02-1304-CR-360
Criminal. Affirms conviction of Class A misdemeanor battery.

Gregory Poling v. State of Indiana (NFP)
01A02-1306-CR-558
Criminal. Affirms conviction of Class D felony theft.

Demetrius Jackson v. State of Indiana (NFP)
71A05-1305-CR-215
Criminal. Affirms conviction of Class B felony robbery.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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