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Opinions June 26, 2012

June 26, 2012
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7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals

Gwen E. Morgal-Henrich v. David Brian Henrich
46A05-1111-DR-645
Domestic relation. Affirms the trial court did not abuse its discretion by applying the equal division presumption in dividing the marital assets. Reverses trial court’s use of $390 per week as David Henrich’s weekly gross income for purposes of calculating child support. Remands for a recalculation and recommends the trial court uses an income averaging calculation due to his fluctuating income.

Cortney L. Schwartz v. Jodi S. Heeter
02A03-1109-DR-401
Domestic relation. Finds the entry of summary judgment against Schwartz on Heeter’s claim regarding the 2010 “true up” payment was an error. Construes the “true up” provision’s language in their child support agreement to require continued application of the 2009 guideline formula until Heeter properly moves for modification of child support. Affirms father’s payment for 2009 but reverses regarding his 2010 payment and remands for entry of an order consistent with this decision. Finds Heeter upon remand may not seek rulings from the trial court on her prior motions for modification of the support obligation. Judge Mathias concurs in part and dissents in part.

City of Indianapolis v. Rachel Buschman
49A02-1108-CT-782
Civil tort. Reverses summary judgment for Buschman on the issue of the sufficiency of her tort claim notice. Holds that when a claimant’s notice contains a specific and definitive assessment of loss, his or her recovery is limited to the loss described in the original notice. If additional losses were discovered, the original notice should have been amended in a timely manner.

In Re The Matter of a Search Warrant Regarding the Following Real Estate, Sensient Flavors, LLC v. Indiana Occupational Safety and Health Administration
49A02-1109-MC-844
Miscellaneous criminal. Dismisses Sensient’s appeal of the issuance of an amended search warrant to search its Indianapolis facility. Sensient failed to exhaust its administrative remedies.

Dennis and Jeremy Cochran v. Zeroffos Hoffman and John Dye

15A01-1109-SC-00015
Small claim. Reverses judgment in favor of Hoffman and Dye in a dispute over parking on an easement. The easement does not prohibit parking as the small claims court ruled. Affirms decision not to award Jeremy Cochran damages after his car was towed.

Koko Win v. State of Indiana (NFP)
02A03-1111-CR-523
Criminal. Affirms four-year sentence with two years suspended to probation for Class C felony child molesting.

Robert Williams v. State of Indiana (NFP)
49A05-1110-CR-553
Criminal. Affirms conviction and sentence for murder.

Larry R. Cox v. State of Indiana (NFP)
79A04-1111-CR-584
Criminal. Affirms 50-year sentence for 10 counts of Class A felony child molesting and five counts of Class C felony child molesting.
 

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  1. 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.

  2. 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!

  3. 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.

  4. 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"

  5. Cannabis is GOOD for our PEOPLE and GOOD for our STATE... 78% would like to see legal access to the product line for better Hoosier Heath. There is a 25% drop in PAIN KILLER Overdoses in states where CANNABIS is legal.

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