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Opinions June 21, 2013

June 21, 2013
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Indiana Court of Appeals
Gasser Chair Company, Inc. v. Marlene J. Nordengreen, Horseshoe Hammond, LLC, d/b/a Horseshoe Casino
45A03-1210-CT-435
Civil tort. Affirms summary judgment for Horseshoe Casino and denial of Gasser Chair Co.’s motion on Nordengreen’s claim that she was injured at the casino while using a chair Gasser manufactured. Gasser has not demonstrated Horseshoe had actual knowledge the chair was dangerous. Declines to hold a premises owner’s knowledge of a dangerous condition on its premises cannot be determined without first knowing the dangerous condition was the “sole proximate case” of an injury. Remands for the trial court to resolve the remaining issues raised in Horseshoe’s third-party complaint against Gasser.

Constance Anderson v. State of Indiana

02A03-1211-CR-495
Criminal. Affirms sentence for two counts of Class D felony criminal mischief and five counts of Class A misdemeanor animal cruelty. Anderson has not demonstrated the trial court abused its discretion in its consideration of mitigating factors. Declines to revise the sentence under App. R. 7(B) as Anderson’s sentence cannot be said to be inappropriate in light of her character and the nature of her offense.

John M. Mayer, Jr., as Special Administrator of the Estate of Paige R. Winn, Deceased v. Michael. W. Davis

22A01-1212-CT-570
Civil tort. Affirms judgment reflecting $60,000 award in favor of Davis against Winn’s estate for injuries he sustained in an accident with Winn. Davis’ claim against Winn’s estate was not filed in a timely manner, and, as a result, Davis is barred from recovering any funds from the estate. Davis’ recovery is limited to funds recovered from Winn’s insurance carrier in the amount of Winn’s insurance liability policy limits. However, the trial court did not abuse its discretion in denying the motion to amend the judgment because the judgment is a valid judgment despite the fact that the excess judgment cannot be collected from Winn’s estate.

Mark A. Sheese v. State of Indiana (NFP)

84A01-1301-CR-18
Criminal. Affirms revocation of probation.

In the Matter of Minor Children Alleged to be in Need of Services, R.C. and J.C., Minor Children, D.S., Mother, and E.S., Stepfather v. Indiana Department of Child Services (NFP)
88A01-1211-JC-510
Juvenile. Affirms adjudication of children as children in need of services.

Kenneth Alexander v. State of Indiana (NFP)

10A01-1210-CR-492
Criminal. Affirms conviction and sentence for Class A felony burglary and adjudication as a habitual offender.

The Indiana Supreme Court and Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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