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Opinions March 15, 2012

March 15, 2012
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7th Circuit Court of Appeals and Indiana Tax Court issued no Indiana opinions by IL deadline.

Indiana Supreme Court

Charlie White, et. al. v. Indiana Democratic Party, through its Chairman , Daniel J. Parker
49S00-1202-MI-73
Miscellaneous. Reverses a decision by Marion Circuit Judge Lou Rosenberg, which found that Charlie White was not eligible to take office following the November 2010 election because he had improperly registered to vote at an address where he was not living. Justice Brent Dickson concurred in result, but wrote separately to say that he agreed with the election contest being dismissed because he sees the Legislature’s attempt to impose additional eligibility qualifications on candidates as unconstitutional and not a basis to contest someone’s eligibility for office.

Michael R. Kole, Joseph L. Weingarten, and Glenn J. Brown, et al. v. Scott Faultless, Daniel Henke, Eileen Pritchard, Stuart Easley, et al.
94S00-1112-CQ-692
Certifiable question. Responding to a certifiable question from Judge Tanya Walton Pratt of the U.S. District Court for the Southern District of Indiana, the Supreme Court held that Indiana’s Government Modernization Act does allow a town to reorganize as a second class city wherein a city council elected at large then elects a mayor. If voters approve of referendums to that effect in November, the reorganization of the town of Fishers and Fall Creek Township may proceed as proposed.

Indiana Court of Appeals
Canon Harper v. State of Indiana
10A01-1012-CR-687
Criminal. Affirms convictions for dealing in cocaine, possession of cocaine, dealing in a narcotic drug, and possession of a narcotic drug, all Class A felonies; two counts of resisting law enforcement, battery of a law enforcement officer, and possession of paraphernalia, all Class A misdemeanors; and maintaining a common nuisance, a Class D felony. Holds that even though Harper did not possess the contraband found in a search of a purse and hotel room, the fact that the purse was in his car and the hotel room was rented in his name was sufficient to establish constructive possession.

Ayanna Wright and American Federation of State, County, and Municipal Employees, Council 62, Local 4009, AFL-CIO v. City of Gary, Indiana
45A04-1107-PL-362
Civil plenary. Reverses trial court’s determination that an arbitrator in a collective bargaining agreement dispute exceeded his powers when he determined that Wright should be placed into another job, despite a city ordinance that stated the new position was not covered by the CBA.

Irmina Gradus-Pizlo, M.D., and Select Specialty Hospital Indianapolis, Inc. v. Donald Acton
49A02-1106-CT-503
Civil tort. Reverses trial court’s denial of motion for summary judgment in favor of Acton, holding that genuine issues of material fact exist with respect to the commencement of the statute of limitations for Acton’s proposed medical malpractice complaint.

Brad A. Altevogt, et al. v. Dennis L. Brand, et al.
44A03-1106-MI-237
Miscellaneous. Affirms trial court’s grant of summary judgment in favor of the defendants, holding the trial court did not err in rejecting the plaintiffs’ claim of title of the disputed land by public dedication because the plat did not dedicate the Indian Trail to the public, but instead indicated that the Indian Trail was for the use of the lot owners and their guests. The trial court also properly concluded that the plaintiffs had not established all of the elements of adverse possession.

T.H. b/n/f Sonja Lynetter (Walls) Fitzgerald v. Troy Hutchison (NFP)
82A01-1109-JP-438
Juvenile. Reverses trial court’s order suspending parenting time for and issuing protective order against father. Affirms court’s finding that mother was in contempt.

Susan R. May v. State of Indiana (NFP)
47A05-1103-CR-178
Criminal. Affirms sentence for murder.

Charles R. Smith v. State of Indiana (NFP)
78A04-1110-CR-585
Criminal. Affirms sentence for Class B felony dealing in a Schedule II controlled substance.

Ernest Wireman v. State of Indiana (NFP)
75A05-1008-CR-545
Criminal. Affirms convictions of and sentence for murder, Class A felony attempted murder and Class B felony arson.

Odonis D. Parker v. State of Indiana (NFP)
02A03-1108-CR-381
Criminal. Affirms sentence for Class B felony robbery.

Shawn McDonald v. State of Indiana (NFP)
35A05-1110-CR-529
Criminal. Affirms conviction of Class C felony possession of cocaine.

KSM, LLC v. Lighthouse Storage, LLC, Lawyers Title Ins. Corp., Inc., and Kevin and Stephen Corp. (NFP)
02A03-1106-PL-232
Civil plenary. Affirms grant of summary judgment in favor of Lighthouse Storage, holding court did not abuse its discretion in ordering rescission of the purchase contract. Reverses trial court’s grant of summary judgment in favor of Lawyers Title on KSM’s negligent misrepresentation claim and grant of summary judgment in favor of a KSM manager on Lighthouse’s actual fraud claim. Remands for further proceedings.

John Mitchem v. State of Indiana (NFP)
49A04-1108-CR-421
Criminal. Affirms conviction of Class B felony burglary and Class D felony theft.

Tyson Keplinger v. State of Indiana (NFP)
35A02-1104-PC-359
Post conviction. Affirms denial of petitions for post-conviction relief.

 

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  1. 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.

  2. 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.

  3. 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!

  4. 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.

  5. 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"

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