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Opinions June 4, 2013

June 4, 2013
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Indiana Supreme Court
City of Indianapolis v. Rachael Buschman
49S02-1210-CT-598
Civil tort. Affirmed trial court’s grant of summary judgment in Buschman’s favor and remanded the case for further proceedings. Ruled that Buschman’s inclusion of information about her injuries does not restrict the scope of her claim. Although she stated in her claim she did not suffer any injuries from an auto accident involving an Indianapolis police officer, the amended statute governing the Indiana Tort Claims Act does not require a description of injuries. The court concluded when the Legislature amended the statute, it intended to remove any pre-existing requirement of specificity in regards to personal injuries.   

Indiana Court of Appeals
Cesar Chavez v. State of Indiana
49A02-1211-CR-892
Criminal. Affirms in part, reverses in part and remands conviction of five counts of Class C felony child molestation, holding that the five counts were in violation of the continuing crime doctrine and that Chavez committed two chargeable crimes instead of the five for which a jury convicted him. The Court of Appeals instructed the trial court to vacate three of the five convictions.

Matthew J. Bulliner v. State of Indiana (NFP)
02A03-1211-CR-472
Criminal. Affirms Class D felony and Class A misdemeanor convictions of resisting law enforcement.

Stephen R. Hollingsworth v. State of Indiana (NFP)
26A04-1210-CR-498
Criminal. Affirms in interlocutory appeal denial of motion for discharge for violation of the speedy trial provision under Indiana Criminal Rule 4(C).

Mark Bonds v. State of Indiana (NFP)
49A02-1212-CR-974
Criminal. Affirms convictions of two counts of Class A felony child molesting.

Charles D. Gilliam v. State of Indiana (NFP)
71A03-1210-CR-432
Criminal. Affirms Class D felony conviction of receiving stolen property.

Jason Ulysses Harmon v. United States Steel Corporation f/k/a USX Corporation (NFP)

93A02-1212-EX-1030
Executive administrative/worker’s compensation. Affirms Worker’s Compensation Board’s denial of benefits.

Indiana Tax Court issued no opinions before IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions before IL deadline.


 

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  1. 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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  3. 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.

  4. 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.

  5. 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!

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