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Opinions Jan. 19, 2011

January 19, 2011
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7th Circuit Court of Appeals
Anthony L. Smith v. Gilbert Peters, et al.
10-1013
U.S. District Court, Southern District of Indiana, Evansville Division, Chief Judge Richard Young.
Civil. Reverses District Court’s dismissal of Smith’s civil rights suit alleging prison employees violated his First and Eighth Amendment rights. Prison officials who recklessly expose a prisoner to a substantial risk of a serious physical injury may have violated a prisoner's Eighth Amendment rights and therefore are subject to those remedies that aren’t barred by 42 U.S.C. Section 1997e(e). Also, if the facts alleged in the complaint are true, Smith may have been punished for complaining about mistreatment. Remands for further proceedings.  

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Jeffrey Allen Rowe v. Indiana Dept. of Correction
46A03-1009-SC-444
Small claims. Dismisses interlocutory appeal of the trial court’s ruling on a motion filed by Rowe of a verified petition for an order waiving all or partial filing fees and court costs. The appellate court lacks jurisdiction because the small claims court’s ruling on his verified petition is not an interlocutory order appealable as a matter of right under Appellate Rule 4(A)(1), and because Rowe did not request a discretionary appeal pursuant to App. R. 14(B).

Leo Machine & Tool Inc., et al. v. Poe Volunteer Fire Dept. Inc., et al.
02A03-1003-PL-143
Civil plenary. Grants rehearing and affirms original opinion in full with the addition that the appellate court now also affirms the trial court’s summary judgment in favor of Anderson Excavating on the same legal grounds.

Christina Smith v. State of Indiana (NFP)
15A01-1003-CR-153
Criminal. Grants petition for rehearing and clarifies that Smith’s sentence should be revised to four years, with two years suspended to supervised probation.

Kathy Lynch v. Daryl and Elizabeth Ackerman (NFP)
37A03-1004-CC-193
Civil collection. Reverses judgment in favor of the Ackermans on Lynch’s complaint alleging breach of contract.

Jamie S. Weddle v. State of Indiana (NFP)
53A01-1006-CR-313
Criminal. Affirms convictions of Class A felony rape and Class B felony aggravated battery. Vacates conviction of Class D felony criminal confinement.

George Sheffer v. Gayle Sheffer n/k/a Gayle J. Curtiss (NFP)
45A05-1009-DR-543
Domestic relation. Affirms denial of George Sheffer’s motion to correct error.

State of Indiana v. Michael Williams (NFP)
49A02-1004-CR-412
Criminal. Reverses in part the court’s grant of Williams’ motion to suppress. Remands for further proceedings. Judge Riley dissents.

Frank E. Willis v. Keith Holder (NFP)
33A05-1009-CT-577
Civil tort. Affirms order granting summary judgment for Holder on Willis’ complaint for negligence.

Michael P. Wright v. State of Indiana (NFP)
34A05-1006-CR-412
Criminal. Affirms sentence following guilty plea to Class D felony resisting law enforcement.

Indiana Tax Court had posted no opinions at IL deadline.

 
 

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  2. 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.

  3. 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.

  4. 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.

  5. 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.

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