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Opinions Jan. 27, 2012

January 27, 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 posted no opinions at IL deadline.

Indiana Court of Appeals

Robert Holland, A Concerned Citizen for the Redevelopment of Gary v. Richard Steele, Barbara Steele, First Midwest Bank, As Successor Trustee By Way of Merger to Bank Calumet, N.A., et al.
45A03-1102-PL-84
Civil plenary. Affirms the trial court’s determination that Holland was not entitled to summary judgment on his quiet title claim, and grant of summary judgment to the bank on its trespass and slander of title claims. The trial court properly found that Holland had filed a frivolous lawsuit and awarded appropriate attorney fees. On cross-appeal, the appellate court denied the bank’s request for appellate attorney fees.

Bradley Bradford v. State of Indiana
59A01-1104-CR-215
Criminal. Reverses conviction of Class C felony child molesting, holding that admission of caseworker testimony was a violation of Indiana Evidence Rule 704(b) and likely had a prejudicial impact on the jury. Remands for retrial.

City of Indianapolis v. Rhodora Earl
49A02-1102-PL-89
Civil plenary. Affirms trial court’s denial of the city’s motion for summary judgment, rejecting the city’s argument that a police officer was protected by the law enforcement provision of the Indiana Tort Claims Act when a suspect he was pursuing in a high-speed chase crashed into a woman’s car and seriously injured her. Holds that a police officer must recognize when a pursuit becomes too dangerous to continue.

In the Matter of L.L., (CHINS), K.R. S. (Mother) v. Indiana Dept. of Child Services (NFP)

52A05-1107-JC-382
Juvenile. Affirms trial court’s determination that L.L. was a child in need of services.

Justin L. Hargrove v. State of Indiana (NFP)
67A01-1103-CR-112
Criminal. Affirms conviction for Class A felony attempted murder.

Indianapolis Education Association and President Elden Wolting v. Indianapolis Public Schools (NFP)
49A02-1101-PL-27
Civil plenary. Dismisses appeal as moot, holding no effective relief could be rendered through appeal.

In the Matter of the Term. of the Parent-Child Rel. of J.S. and A.S.; R.S. and Ja.S. v. Indiana Dept. of Child Services (NFP)
33A01-1106-JT-246
Juvenile. Affirms termination of parental rights for mother and father.

Brett Zagorac v. State of Indiana (NFP)
64A03-1011-CR-589
Criminal. On petition for rehearing, reaffirms initial opinion that any possible error in admission of evidence was harmless.

 

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  1. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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  3. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

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