ILNews

Opinions March 1, 2011

March 1, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Auto-Owners Insurance Company v. Gary Hughes
18A02-1006-PL-659
Civil. Reverses and remands entry of judgment in favor of appellee-plaintiff Gary Hughes on his contract claim in the amount of $166,792.83. Auto-Owners contends, inter alia, that the trial court erred in denying its summary judgment motion on the basis that Hughes’ suit was barred by a one-year limitation in the relevant insurance policy.
 
James Taylor and Nancy Taylor v. Ford Motor Co., et al.
49A02-1007-CT-823
Civil. Affirms trial court’s grant of defendants’ motion to dismiss for lack of subject matter jurisdiction. In their appeal, the Taylors argued the trial court did have subject matter jurisdiction. The Taylors filed a claim Feb. 12, 2009, that the defendants’ negligence caused James Taylor’s injuries which in turn caused his wife to lose the services of her husband. The defendants filed a motion to dismiss on March 26, 2010, claiming that the trial court lacked subject matter jurisdiction of the Taylors’ claims because Indiana’s worker’s compensation laws provided the exclusive remedy.

Tyson G. Keplinger v. State of Indiana (NFP)
35A02-1006-CR-610
Criminal. Affirms conviction of conspiracy to commit murder, a Class A felony, and attempted murder, a Class A felony.
 
A.K. and Jeffry G. Price v. K.M.K. (NFP)
34A05-1008-CT-522
Civil. Affirms trial court’s denial of Price’s request for attorney’s fees from appellee-respondent K.M.K., following K.M.K.’s action against A.K., which the trial court dismissed.
 
Denise Tinsley v. Marion T., LLC, et al. (NFP)
27A05-1008-CT-503
Civil. Affirms trial court’s grant of summary judgment in favor of appellees-defendants with respect to the estate’s claim for negligence resulting in Marvin Tinsley’s death.
 
Barry L. Johnson v. State of Indiana (NFP)
27A04-1006-CR-375
Criminal. Affirms trial court’s revocation of probation.
 
Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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