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Opinions July 13, 2011

July 13, 2011
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7th Circuit Court of Appeals
Jill Treat, et al. v. Tom Kelley Buick Pontiac GMC Inc, et al.
10-3166
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge William Lee.
Civil. Affirms summary judgment for Tom Kelley Buick and Kelley Automotive Group in the Treats’ suit under the Wage Payment Statute to recover unpaid wages. The Treats erroneously brought their claim under the Wage Payment Statute instead of the Wage Claims Statute.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Mari Miller v. Glenda Owens, et al.
52A05-1012-CP-742
Civil plenary. Affirms order finding Waterford Place was not in contempt of the court’s garnishment order only garnishing $12.17 of Fabian Calisto’s weekly disposable earnings. The trial court was not precluded from reconsidering the legal reasoning underpinning its earlier garnishment orders, Waterford’s arguments were not precluded by offensive collateral estoppel, and the trial court didn’t err in denying Mari Miller’s requests for attorney fees.

K.D., et al. v. Adrianne Chambers, R.N., et al.
49A04-1010-CT-636
Civil tort. Reverses in part and affirms in part. The trial court abused its discretion in excluding Dr. Daniel McCoy’s testimony based solely on his curriculum vitae without holding an Evidence Rule 702 hearing. The trial court did not abuse its discretion in granting the defendants’ motion in limine to exclude evidence that mother Michelle Campbell suffered negligent infliction of emotional distress because that claim was not sufficiently pleaded. The trial court correctly excluded the plaintiffs from introducing evidence of separate breaches of the standard of care not presented to the medical review panel, but because one of those claimed breaches is within the scope of their submission to the review panel, the COA reverses in part. Remands for further proceedings.

Larry Lefler v. State of Indiana (NFP)
82A04-1007-CR-479
Criminal. Affirms convictions of two counts of Class A felony child molesting and one count of Class C felony child molesting.

William Miller v. State of Indiana (NFP)
29A04-1010-CR-602
Criminal. Affirms conviction of Class A felony child molesting.

Matthew N. Williams v. State of Indiana (NFP)
65A01-1011-CR-591
Criminal. Affirms convictions of criminal recklessness as a Class C felony and Class D felony auto theft.

Term. of Parent-Child Rel. of J.P., et al.; D.P. v. IDCS (NFP)
82A04-1012-JT-807
Juvenile. Affirms involuntary termination of parental rights.

Dallas Washington v. State of Indiana (NFP)
49A02-1007-PC-801
Post conviction. Affirms denial of petition for habeas corpus.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. 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.

  2. 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!

  3. If our State Government would sue for their rights to grow HEMP like Kentucky did we would not have these issues. AND for your INFORMATION many medical items are also made from HEMP. FOOD, FUEL,FIBER,TEXTILES and MEDICINE are all uses for this plant. South Bend was built on Hemp. Our states antiquated fear of cannabis is embarrassing on the world stage. We really need to lead the way rather than follow. Some day.. we will have freedom in Indiana. And I for one will continue to educate the good folks of this state to the beauty and wonder of this magnificent plant.

  4. Put aside all the marijuana concerns, we are talking about food and fiber uses here. The federal impediments to hemp cultivation are totally ridiculous. Preposterous. Biggest hemp cultivators are China and Europe. We get most of ours from Canada. Hemp is as versatile as any crop ever including corn and soy. It's good the governor laid the way for this, regrettable the buffoons in DC stand in the way. A statutory relic of the failed "war on drugs"

  5. Cannabis is GOOD for our PEOPLE and GOOD for our STATE... 78% would like to see legal access to the product line for better Hoosier Heath. There is a 25% drop in PAIN KILLER Overdoses in states where CANNABIS is legal.

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