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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. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  2. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  3. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

  4. I would like to discuss a commercial litigation case. If you handle such cases, respond for more details.

  5. Great analysis, Elizabeth. Thank you for demonstrating that abortion leads, in logic and acceptance of practice, directly to infanticide. Women of the world unite, you have only your offspring to lose!

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