Opinions June 24, 2013

June 24, 2013
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The following Indiana Supreme Court decision was posted after IL deadline Friday.
Sharon Wright and Leslie Wright v. Anthony E. Miller, D.P.M., and Achilles Podiatry Group
Civil tort. Reverses the striking of the Wrights’ expert witness and the dismissal of their medical malpractice complaint pursuant to Trial Rules 37(B) and 41(E). The circumstances of the present case warranted some lesser, preliminary, or more pointed sanction fashioned to address counsel's unsatisfactory conduct in this case without depriving the plaintiffs of their ability to present the merits of their case at trial. Remands for further proceedings. Justice David concurs in part and dissents in part.

Monday’s opinions
Indiana Court of Appeals

Michael Howard v. Allen County Board of Zoning, Appeals and Alvin Schmucker
Civil plenary. Affirms dismissal of Howard’s petition for judicial review of the decision by the zoning board to grant a use variance for property owned by Schmucker. I.C. 36-7-4-1316 requires dismissal where no materials supporting judicial review of the petitioner’s claims are timely filed and an extension of the filing deadline is not timely requested. Finds the trial court’s determination that it lacked jurisdiction was clearly erroneous, but the statute required dismissal on non-jurisdictional grounds.

Anthony Wilson v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A felony robbery and remands with instructions to vacate Class B felony aggravated battery conviction.

Aaron W. Prater v. State of Indiana (NFP)
Criminal. Affirms denial of request to file a belated appeal following the guilty plea.

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


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  1. So men who think they are girls at heart can use the lady's potty? Usually the longer line is for the women's loo, so, the ladies may be the ones to experience temporary gender dysphoria, who knows? Is it ok to joke about his or is that hate? I may need a brainwash too, hey! I may just object to my own comment, later, if I get myself properly "oriented"

  2. Heritage, what Heritage? The New Age is dawning .... an experiment in disordered liberty and social fragmentation is upon us .... "Carmel City Council approved a human rights ordinance with a 4-3 vote Monday night after hearing about two hours of divided public testimony. The ordinance bans discrimination on the basis of sexual orientation or gender identity, among other traits. Council members Rick Sharp, Carol Schleif, Sue Finkam and Ron Carter voted in favor of it. The three council members opposing it—Luci Snyder, Kevin Rider and Eric Seidensticker—all said they were against any form of discrimination, but had issues with the wording and possible unintended consequences of the proposal." Kardashian is the new Black.

  3. Can anyone please tell me if anyone is appealing the law that certain sex offenders can't be on school property. How is somebody supposed to watch their children's sports games or graduations, this law needs revised such as sex offenders that are on school property must have another non-offender adult with them at all times while on school property. That they must go to the event and then leave directly afterwards. This is only going to hurt the children of the offenders and the father/ son mother/ daughter vice versa relationship. Please email me and let me know if there is a group that is appealing this for reasons other than voting and religion. Thank you.

  4. Should any attorney who argues against the abortion industry, or presents arguments based upon the Founders' concept of Higher Law, (like that marriage precedes the State) have to check in with the Judges and Lawyers Assistance Program for a mandatory mental health review? Some think so ... that could certainly cut down on cases such as this "cluttering up" the SCOTUS docket ... use JLAP to deny all uber conservative attorneys licenses and uber conservative representation will tank. If the ends justify the means, why not?

  5. Tell them sherry Mckay told you to call, they're trying to get all the people that have been wronged and held unlawfully to sign up on this class action lawsuit.