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Opinions July 19, 2010

July 19, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Isaac Florian and Jeffrey Florian, as limited guardian of Isaac, an adult. v. GATX Rail Corporation
91A04-1002-PL-77
Civil plenary. Affirms summary judgment in favor of GATX Rail Corp. in Issac Florian’s negligence claim after he drove into a GATX tank car that didn’t have retro-reflective sheeting. GATX was in compliance with either retro-reflective implementation schedule even though the train car in question didn’t have sheeting yet. Florian’s common-law negligence claim is preempted by federal regulations set forth in 49.C.F.R. part 224.

A.H. v. State of Indiana
37A04-1002-JV-50
Juvenile. Reverses adjudication A.H. committed what would be exploitation of an endangered adult as a Class A misdemeanor if committed by an adult. The state didn’t prove beyond a reasonable doubt that A.H. took advantage of Robert Barnhart’s mental and physical condition in securing loans and the State failed to prove that A.H.’s control over Barnhart’s property was unauthorized.

Remon Duke Phillips v. State of Indiana (NFP)
02A04-0912-CR-723
Criminal. Affirms convictions of Class D felonies strangulation and domestic battery.  

Larry H. Snyder v. State of Indiana (NFP)
02A05-1001-CR-138
Criminal. Affirms acceptance of guilty plea to Class B misdemeanor public intoxication.

Joseph Trammell v. State of Indiana
(NFP)
49A05-0912-CR-708
Criminal. Affirms conviction of Class B misdemeanor public intoxication.

James Edward Price v. State of Indiana (NFP)
76A03-1001-CR-23
Criminal. Affirms sentence following guilty plea to Class A dealing in methamphetamine.

Term. of Parent-Child Rel. of E.L., et al.; M.B. v. I.D.C.S.
(NFP)
48A04-0912-JV-717
Juvenile. Affirms involuntary termination of parental rights.

Richard West v. State of Indiana (NFP)
49A04-0912-CR-680
Criminal. Affirms conviction of Class A misdemeanor battery.

Jeffery Rowe v. State of Indiana
(NFP)
46A03-0907-CR-344
Criminal. Affirms sentence on remand of an aggregate term of 70 years for Class A felonies robbery and burglary, and finding to be a habitual offender.

Olivia Vanbuskirk v. State of Indiana
(NFP)
49A02-0912-CR-1208
Criminal. Affirms conviction of Class A felony child molesting.

Shawn Christopher McWhorter v. State of Indiana (NFP)
73A01-0912-CR-573
Criminal. Affirms sentence following guilty plea to Class B felony criminal deviate conduct, and Class C felony robbery.

Andy C. Pitcher d/b/a Liberty Bell v. Berkley Risk Administrators Company, LLC., et al.
(NFP)
81A04-0908-CV-458
Civil. Affirms summary judgment for Berkley Risk Administrators Co. on Pitcher’s complaint alleging breach of contract.

Indiana Tax Court
Country Acres Limited Partnership v. Pleasant Township Assessor, and LaPorte County Assessor (NFP)
71T10-0903-TA-5
Tax. Affirms the Indiana Board of Tax Review didn’t err in rejecting an Indiana certified Level II assessor-appraiser’s use of an 11.35 percent capitalization rate. Reverses final determination of the market value-in-use of Country Acres’ complex and remands to the Indiana Board so it may instruct the appropriate assessing officials to assess the subject property consistent with the opinion.
 

The Indiana Supreme Court denied transfer to 22 cases for the week ending July 16.
 

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  1. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

  5. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

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