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Opinions July 19, 2012

July 19, 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

Bobby A. Harlan v. State of Indiana
84A01-1110-CR-474
Criminal. Affirms sentence imposed for two convictions of Class B felony child molesting and order that Harlan register as a sexually violent predator. The order requiring Harlan register as a SVP does not violate the ex post facto clause of the Indiana Constitution, the trial court did not abuse its discretion in the course of identifying aggravating and mitigating factors at sentencing, and his sentence is reasonable.

David Daniel Johnson, Jr., by Next Friend, Indiana Dept. of Child Services v. The Marion County Coroner's Office and City of Indianapolis
49A02-1111-CT-1070
Civil tort. Reverses summary judgment for the coroner’s office on the issue of immunity to lawsuit under the Indiana Tort Claims Act. The Coroner’s office conduct in following its own rules does not fall within the definition of enforcement for purposes of immunity
under ITCA. Affirms summary judgment for the government defendants on D.J.’s claim for negligent infliction of emotional distress. The evidence designated establishes that D.J. was not sufficiently and directly involved in the removal of his mother’s remains. Finds there is a genuine issue of material fact as to whether the appellees’ conduct is so outrageous that it satisfies the reckless element of the tort of intentional infliction of emotional distress. Remands for further proceedings.

In Re the Marriage of Mary Lynn Manning and Ronald D. Manning, II; Ronald D. Manning, II v. Mary Lynn Manning (NFP)
86A04-1112-DR-669
Domestic relation. Affirms finding Ronald Manning in contempt for failing to reimburse Mary Lynn Manning for certain orthodontia expenses incurred by their child and affirms the order to produce certain tax returns.

Eric D. Smith v. D. Patton, Scott Fitch, Larry Bynum, and Correctional Medical Services, Inc. (NFP)
33A05-1109-PL-572
Civil plenary. Affirms denial of motion for relief from judgment in favor of the correctional officials and Correction Medical Services Inc.

In the Matter of the Paternity of: J.G.; R.W. v. D.G. (NFP)
49A05-1109-JP-537
Juvenile paternity. Affirms modification of father’s parenting time and order that R.W. pay a portion of father’s attorney fees.

Antwane Walker v. State of Indiana (NFP)
49A02-1112-PC-1173
Post conviction. Affirms denial of petition for post-conviction relief.
 

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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