ILNews

Opinions Jan. 25, 2011

January 25, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Adoption of L.C.E.; D.H. v. J.H. and J.D.E.
47A05-1008-AD-474
Adoption. Reverses adoption of L.C.E. by his maternal grandfather J.D.E. The stepfather, D.H., had custody of L.C.E. and his consent is required for the adoption of L.C.E. The trial court erred in granting the grandfather’s petition prior to the expiration of the 30 days provided for objection to be filed and prior to receiving D.H.’s properly filed objection.

Jeffery T. Curry, et al. v. Andrew Whitaker, et al.
49A02-1004-CC-398
Civil collections. Affirms summary judgment for Whitaker and Santa-Cruz Chavez on the Currys’ complaint for invasion of privacy by intrusion, invasion of privacy by false light, and intentional infliction of emotional distress. There is no genuine issue of material fact and Whitaker and Santa-Cruz Chavez are entitled to judgment as a matter of law.

Darlene Baca v. RPM, Inc., c/o Patty Brown
79A02-1006-SC-655
Small claim. Reverses order by Tippecanoe Superior Court 4 that Baca, a disabled and indigent small claims litigant, perform four hours of community service to have her claim set for a hearing. The policy is not a duly promulgated local rule and is unenforceable.

Phyllis Hardy, et al. v. Mary Jo Hardy
51A01-1005-PL-248
Civil plenary. Affirms grant of Mary Jo Hardy’s motion for summary judgment and the denial of Phyllis Hardy and other plaintiffs’ motion for summary judgment on their complaint for declaratory judgment/constructive trust over insurance proceeds. A certified copy of the dissolution decree wasn’t received by the appropriate office before the date of Carlos Hardy’s death and the Federal Employees’ Group Life Insurance Act preempts the plaintiffs’ state law claims.  

Frank J. Akey, Personal Rep. of the Estate of Wayne Akey v. Parkview Hospital, et al.
02A04-1007-CT-441
Civil tort. Reverses summary judgment for defendants Parkview Hospital, Dr. McEowen, and Professional Emergency Physicians Inc. in Frank Akey’s complaint for damages following the death of Wayne Akey. The trial court’s exclusion of Dr. Mirro’s expert testimony on causation was an abuse of discretion. Remands for further proceedings.

Term. of Parent-Child Rel. of M.T.; R.T. v. Marion County DCS and Child Advocates (NFP)
49A02-1006-JT-731
Juvenile. Affirms involuntary termination of parental rights.

Martel K. Settles v. State of Indiana (NFP)
71A05-1003-CR-246
Criminal. Affirms convictions of Class B felony robbery.

Shelisa Wimbush v. State of Indiana (NFP)
45A04-1006-CR-337
Criminal. Affirms conviction of Class B felony aggravated battery.

Indiana Tax Court had posted no opinions at IL deadline.
 

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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?

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  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.

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