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Opinions June 7, 2012

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

Indiana Supreme Court and Indiana Tax Court had posted no opinions by IL deadline.

Indiana Court of Appeals

A.R.M. v. State of Indiana
71A05-1111-JV-613
Juvenile. Affirms juvenile court’s adjudication of A.R.M. as a delinquent child for committing child molesting, as a Class C felony when committed by an adult, and battery, as a Class B misdemeanor when committed by an adult. Holds that the court did not err in admitting the child victim’s videotaped testimony.

TDM Farms, Inc. of North Carolina and Dale Johnson v. Wilhoite Family Farm, LLC
79A02-1101-PL-33
Civil plenary. Affirms trial court’s denial of TDM Farms’ motion for summary judgment, holding the claims Wilhoite Family Farm raised are outside the scope of the Virus-Serum Toxin Act, contrary to TDM’s arguments, and the Right to Farm Act does not apply.

In the Matter of the Civil Commitment of: T.K. v. Community Hospital North (NFP)
49A02-1111-MH-1003
Mental health. Dismisses as moot T.K.’s appeal of involuntary commitment order, as the term of commitment has already expired.
 

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  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

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