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Opinions March 15, 2011

March 15, 2011
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Indiana Supreme Court
Debra L. Walker v. David M. Pullen
64S05-1101-CT-6
Civil tort. Reverses grant of Pullen’s motion to have a new trial and remands for the trial court to reinstate the original jury verdict of $10,070. The trial court judge only made general findings and not special findings as required by Indiana Trial Rule 59(J). Justice Dickson concurs in result.

Indiana Court of Appeals
Grange Mutual Casualty, et al. v. West Bend Mutual Ins., et al.
29A02-1008-PL-965
Civil plenary. Affirms in part and reverses in part summary judgment granted to West Bend Mutual. Finds that both policies were triggered – West Bend’s was triggered by the original fracturing of the storm drain pipe which resulted in immediate damage to the pipe and the subsequent flooding. Grange’s was triggered by the flood damage that occurred during its policy period. Remands for the trial court to apportion damages accordingly. Judge May dissents.

Jason W. Hall v. State of Indiana
25A05-1008-CR-534
Criminal. Affirms sentence following guilty plea to two counts of Class B felony burglary. Hall didn’t establish an abuse of the trial court’s sentencing discretion or that his sentence is inappropriate. He also wasn’t denied credit time to which he was entitled.

Lovetha Smitherman v. Kroger Limited Partnership I, et al. (NFP)
49A02-1008-PL-880
Civil plenary. Affirms grant of partial summary judgment to Kroger upon Smitherman’s claim for negligent hiring and retention.

Susan Ricketts v. Subaru of Indiana Automotive (NFP)
93A02-1008-EX-1030
Civil. Affirms order of the Worker’s Compensation Board on Ricketts’ claim for disability and medical benefits arising from a work related accident.

L.M. v. B.S., et al. (NFP)
71A03-1010-MI-514
Miscellaneous. Affirms order denying grandmother L.M.’s verified petition for grandparent visitation.

Term. of the Parent-Child Rel. of S.H.; R.H. v. I.D.C.S. (NFP)
36A01-1008-JT-418
Juvenile. Affirms termination of parental rights.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. 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.

  4. 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???

  5. 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?

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