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Opinions July 23, 2012

July 23, 2012
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7th Circuit Court of Appeals
Mark McCleskey, trustee, et al. v. DLF Construction Inc., an Indiana corporation
11-1826
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms finding that the construction company, as employer, had to contribute to the funds for all hours worked by members of the union, not just bargaining unit work. The collective bargaining agreements are clear that DLF is required to make contributions to the pension and health and welfare funds for each hour worked by a covered employee.

Indiana Supreme Court
Robert L. Clark, Jr. and Debra Clark v. Robert L. Clark, Sr.
01S02-1112-CT-690
Civil tort. Reverses judgment in favor of Clark Sr. in Clark Jr.’s suit after his father hit him with his car while trying to give his father directions. Holds that for purposes of the Indiana Gust Statute as to injuries inflicted when a passenger has exited the vehicle and is standing outside of it and directing the driver’s attempt to park, that passenger is not “in or upon” the vehicle and thus is not precluded from brining a negligence action against the driver. Remands for further proceedings. Justices Sullivan and Massa dissent.

Indiana Court of Appeals
Michael Sims v. State of Indiana (NFP)
20A03-1203-CR-127
Criminal. Affirms denial of motion to correct erroneous sentence.

Edwin D. Calligan v. State of Indiana (NFP)
02A03-1108-CR-400
Criminal. Grants rehearing and affirms original decision to deny motion to correct erroneous sentence.

Savane Williams v. State of Indiana (NFP)
20A04-1106-CR-428
Criminal. Affirms convictions and sentence for two counts of Class A felony dealing in cocaine, but finds the trial court erred in the manner in which it imposed the habitual offender enhancement. Remands for further proceedings.

Rosalio Pedraza v. State of Indiana (NFP)
49A02-1111-PC-1076
Post conviction. Affirms denial of petition for post-conviction relief.

Robert Grubbs v. State of Indiana (NFP)
53A01-1109-PC-606
Post conviction. Affirms denial of motion for reconsideration and motion to correct error.

Indiana Tax Court posted no opinions at IL deadline.

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  1. 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.

  2. 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.

  3. 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!

  4. If our State Government would sue for their rights to grow HEMP like Kentucky did we would not have these issues. AND for your INFORMATION many medical items are also made from HEMP. FOOD, FUEL,FIBER,TEXTILES and MEDICINE are all uses for this plant. South Bend was built on Hemp. Our states antiquated fear of cannabis is embarrassing on the world stage. We really need to lead the way rather than follow. Some day.. we will have freedom in Indiana. And I for one will continue to educate the good folks of this state to the beauty and wonder of this magnificent plant.

  5. Put aside all the marijuana concerns, we are talking about food and fiber uses here. The federal impediments to hemp cultivation are totally ridiculous. Preposterous. Biggest hemp cultivators are China and Europe. We get most of ours from Canada. Hemp is as versatile as any crop ever including corn and soy. It's good the governor laid the way for this, regrettable the buffoons in DC stand in the way. A statutory relic of the failed "war on drugs"

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