ILNews

Opinions July 20, 2011

July 20, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Marianne Jackson v. Thomas Trancik, M.D.
29A02-1012-CC-1391
Civil collections. Reverses summary judgment to Dr. Trancik on his lawsuit to collect on a medical bill. The trial court abused its discretion in striking the affidavit of an expert witness designated by Jackson and that affidavit establishes an issue of material fact as to the amount she owes. Remand for further proceedings.

Wellpoint, Inc., et al. v. National Union Fire Ins., Co., et al.
49A05-1011-PL-670
Civil plenary. Reverses summary judgment for Twin City Fire Insurance Co. in Anthem’s action seeking defense and indemnification from its reinsurers. None of the subject policy provisions operate to exclude coverage in the manner Twin City proposes. Remands for further proceedings.

John R. Berry, IV v. State of Indiana
49A04-1008-CR-536
Criminal. Reverses conviction of Class A felony attempted murder. The trial court erred in rejecting Berry’s insanity defense. The evidence is undisputed at the time of the offense – Berry suffered from psychotic symptoms caused by his prolonged and severe alcohol abuse and he was unable to appreciate the wrongfulness of his conduct. Remands for further proceedings.

Paternity of A.C.; C.C. v. B.M. (NFP)
13A04-1009-DR-608
Domestic relation. Reverses grant of the petition of stepfather B.M. for custody of A.C. Remands for further proceedings.

R.W. v. Review Board (NFP)
93A02-1012-EX-1399
Agency action. Affirms determination that R.W. was fired for just cause.

Thomas West v. State of Indiana (NFP)
34A02-1102-CR-111
Criminal. Affirms sentence following guilty plea to Class B felony burglary.

Janet Barkes Trust, et al. v. Monica Stuckwisch, et al. (NFP)
36A01-1011-PL-612
Civil plenary. Reverses summary judgment for real estate agent Stuckwisch in a fraud action and remands for further proceedings.

James H. Higgason, III v. State of Indiana (NFP)
45A03-1011-CR-577
Criminal. Affirms denial of motion for jail credit time.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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