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Opinions June 25, 2012

June 25, 2012
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7th Circuit Court of Appeals posted no opinions prior to IL deadline.

Indiana Supreme Court
Sharon Gill, on her own behalf and on behalf of the Estate of Gale Gill v. Evansville Sheet Metal Works, Inc.

49S05-1111-CV-672
Civil. Reverses trial court ruling for defendant that Gill did not bring her claim within the time Indiana law requires for a claim arising from the construction of an “improvement to real property.” There is a genuine issue of material fact as to whether Evansville Sheet Metal Works’ work constituted an “improvement to real property” as that phrase is commonly understood. Holds that for purposes of the construction statute of repose, an “improvement to real property” is a “permanent addition to or betterment of real property that enhances its capital value and that involves the expenditure of labor or money and is designed to make the property more useful or valuable as distinguished from ordinary repairs.”

Indiana Court of Appeals
Steven Brown v. Chris Guinn
22A01-1111-SC-524
Civil plenary. Affirms breach of contract ruling for defendant, holding that the trial court did not err or commit reversible error in its ruling in which a contract was not presented in court, but to which both parties attested.

Jesse Clements v. Ralph Albers (NFP)
49A05-1105-PL-257 & 49A04-1201-PL-9
Civil plenary. Affirms in part and remands in part for further argument on damages awarded on counterclaim.

Casey R. Greene v. State of Indiana (NFP)
07A01-1109-CR-391
Criminal. Affirms trial court convictions for Class C felony dealing in marijuana and Class A misdemeanor resisting law enforcement.

Scott W. Schwichtenberg v. State of Indiana (NFP)
35A04-1109-CR-536
Criminal. Affirms trial court conviction on a Class C felony count of incest.

Jeremy W. Lawson v. State of Indiana (NFP)
30A01-1112-CR-592
Criminal. Affirms in part, reverses in part and remands with instructions to reduce a Class A misdemeanor battery conviction to a Class B misdemeanor and modify sentence accordingly.

Ryan Keith Winchester v. State of Indiana (NFP)
12A02-1109-CR-882
Criminal. Affirms trial court conviction on a Class B felony count of burglary.

Indiana Tax Court posted no opinions at IL deadline.
 

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  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

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  4. 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.

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