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Opinions July 2, 2013

July 2, 2013
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Indiana Court of Appeals
Tequita Ramsey v. Lightning Corporation
49A02-1209-CC-705
Civil Collection. Affirms the trial court’s judgment in decertifying the class. In this case of first impression, the COA noted it could find no logical reason to hold that a trial court may never revoke or rescind an order certifying a class. To do so would mean that once a class action is certified, the class could not be later decertified even if facts and evidence discovered afterward suggests the class should not have been certified in the first place.

Frederick L. King v. State of Indiana
02A03-1212-CR-515
Criminal. Affirms the trial court’s judgment in sentencing Frederick King to 10 years with six years suspended to probation for robbery as a Class B felony. In a per curiam decision, the COA found the sentence was not inappropriate under Appellate Rule 7(B).

Fireworks West International, et al. v. David Prim, et al. (NFP)
49A04-1211-CT-582
Civil tort. Affirms denial of summary judgment in favor of David Prim, et al.

Iris Newt v. State of Indiana (NFP)
32A01-1211-CR-503
Criminal. Affirms jury conviction of Class D felony theft and entrance of judgment and sentence as Class A misdemeanor theft.

Charles Hall v. State of Indiana (NFP)

75A03-1107-PC-331
Post conviction. Affirms denial of post-conviction relief for a conviction of Class B felony dealing in methamphetamine.

Steven C. Cupery v. State of Indiana (NFP)
20A03-1212-CR-547
Criminal. Affirms two-year sentence for conviction of Class D felony possession of cocaine pursuant to an agreement that dismissed an unrelated criminal case.

Darryl Crenshaw and Krisean Porter v. State of Indiana (NFP)
49A02-1210-CR-859
Criminal. Affirms denial of petitions for restricted disclosure of arrest records on dismissed charges.

Maria Torres v. Lovisa Enders (NFP)

49A02-1302-CT-122
Reverses and remands trial court order dismissing Maria Torres’ negligence claim against Lovisa Enders, holding that the trial court erred and should have granted summary judgment in favor of Torres on the issue of whether the complaint was timely brought. The court orders the complaint reinstated.

Fred L. Froeschke and Judith A. Froeschke v. City of Vincennes (NFP)

42A04-1301-PL-29
Civil plenary. Affirms order granting summary judgment in favor of the city of Vincennes.

Dwight A. Washington v. State of Indiana (NFP)
49A04-1211-CR-559
Criminal. Affirms convictions of multiple counts of child molestation.

The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.

 

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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. 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.

  4. 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.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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