ILNews

Opinions July 22, 2010

July 22, 2010
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Indiana Supreme Court posted no opinions before IL deadline.

Indiana Court of Appeals
Daniel A. Donald v. State of Indiana
23A04-0912-CR-685
Criminal. Reverses and remands trial court’s denial of Donald’s request for a competency evaluation prior to his probation revocation hearing. Donald contended he was entitled to a competency evaluation pursuant to Indiana statute and the Due Process Clause of the United States Constitution. The Court of Appeals disagreed with Donald’s statutory argument, but agreed the Due Process Clause may warrant a competency evaluation prior to a probation revocation hearing.

J. John Marshall and Marjorie Marshall v. Erie Insurance Exchange a/s/o Cindy Cain
20A03-0908-CV-366
Civil. Granted a petition for rehearing and again affirmed the trial court opinion the Marshalls had a duty to exercise reasonable care to prevent an unreasonable risk of harm to neighboring landowners arising from the condition of trees on their property and further held they had breached that duty.

Trevor Brieger v. State of Indiana (NFP)
49A02-0907-CR-617
Criminal. Affirms convictions of rape and criminal deviate conduct as Class B felonies.

Termination of Parent-Child Relationship of S.H.; A.W. v. Indiana Dept. of Child Services (NFP)
76A05-1001-JT-42
Juvenile. Affirms termination of parental rights.

Bruce Gunstra v. Salin Bank and Trust Company (NFP)
49A02-0912-CV-1274
Civil. Affirms trial court’s order granting the motion of Salin Bank and Trust Company for pre-judgment garnishment of any distributions to Gunstra by two limited liability companies of which he is a member.

Anthony Phillips v. State of Indiana (NFP)
48A02-0912-CR-1269
Criminal. Affirms trial court’s revocation of probation.

Indiana Tax Court
Indiana Dept. of State Revenue, Inheritance Tax Division v. Estate of Katherine S. Boehle, Deceased
49T10-0811-TA-62
Tax. Affirms Marion Probate Court’s denial of the Indiana Department of State Revenue, Inheritance Tax Division’s motion to correct error. The issue for review was whether the probate court erred in determining the estate’s inheritance tax liability regarding a trust that the decedent set up to provide for her son who has Down Syndrome and resides in an assisted-living facility.
 

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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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