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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. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  2. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  3. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  4. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  5. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

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