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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. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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