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Opinions July 18, 2012

July 18, 2012
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7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals

Annette Pittman v. State of Indiana
49A02-1112-CR-1132
Criminal. Affirms conviction of Class B misdemeanor public intoxication. I.C. 12-23-15-2 did not require the arresting officer, or other law enforcement personnel elsewhere, to perform an evaluation so thorough as to eliminate all other possible causes for each of the symptoms of alcoholic intoxication that Pittman exhibited.

Howard Justice v. American Family Mutual Insurance Co.
49A02-1112-PL-1078
Civil plenary. Reverses summary judgment for American Family on its claim that the workers’ compensation setoff provision reduced the limits of the liability policy such that its liability under Justice’s policy was zero. After a determination of liability and damages, Justice’s damages award should be reduced by the $25,000 recovery from Wagner and the percentage of workers’ compensation benefits paid to Justice based upon Wagner’s percentage of comparative fault, up to a maximum of $25,000. Remands with instructions.

Covered Bridge Homeowners Association, Inc., Clark County, Indiana Commission, et al. v. Town of Sellersburg, Indiana
10A01-1101-PL-13
Civil plenary. Affirms ruling in favor of Sellersburg that the town’s annexation proceedings should take priority over an incorporation proceeding and the dismissal of remonstrance filed against annexation. The annexation proceeding is first in time and takes priority over the incorporation proceeding because it was validly instituted in June 2008 and Sellersburg’s initial failure to comply with the statutory notice provisions and hold a public hearing did not invalidate the annexation. Holds that the statutory remonstrance waiver requirements were substantially complied with and thus the remonstrance lacks sufficient valid signatures.

Demarco Davis v. State of Indiana (NFP)
82A01-1109-CR-454
Criminal. Affirms conviction of Class B felony dealing in cocaine.

Curtis L. Bass v. State of Indiana (NFP)
84A01-1110-CR-473
Criminal. Affirms sentence imposed following guilty plea to two counts of Class B felony burglary and a subsequent order revoking community corrections placement and committing Bass to the DOC for six years.

In the Matter of M.W. and K.W.-N., Minor Children Alleged to be in Need of Services; M.W. v. Indiana Dept. of Child Services (NFP)
34A05-1201-JC-27
Juvenile CHINS. Affirms finding that children are in need of services.
 

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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?

  3. My situation was hopeless me and my husband was on the verge of divorce. I was in a awful state and felt that I was not able to cope with life any longer. I found out about this great spell caster drlawrencespelltemple@hotmail.com and tried him. Well, he did return and now we are doing well again, more than ever before. Thank you so much Drlawrencespelltemple@hotmail.comi will forever be grateful to you Drlawrencespelltemple@hotmail.com

  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.

  5. 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.

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