ILNews

Opinions March 2, 2011

March 2, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
County Council of Porter County v. Northwest Indiana Regional Dev. Authority, et al.
37A04-1004-CT-291
Civil tort. Affirms summary judgment for the Northwest Indiana Regional Development Authority and the denial of the council’s motion for summary judgment on the council’s complaint seeking declaratory judgment it has the right to withdraw from the RDA. Porter County cannot withdraw from the RDA and the council waived its argument that the original legislation establishing the RDA Act is unconstitutional special legislation.

National Wine & Spirits v. Indiana Alcohol & Tobacco Commission, et al.
49A02-1006-PL-612
Civil plenary. Affirms order dismissing National Wine’s petition for judicial review of the issuance of a wine and liquor permit to competitor Southern Wine & Spirits of Indiana. National Wine didn’t meet the statutory standing requirement for judicial review and its due process argument that it is entitled to standing fails.

Loren C. Lewis v. State of Indiana (NFP)
57A04-1008-CR-539
Criminal. Affirms sentence following conviction of nonsupport of a dependent child as a Class D felony.

Tauheedah Williams v. State of Indiana (NFP)
49A02-1007-CR-720
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated.

Michael Thompson v. State of Indiana (NFP)
49A02-1008-CR-842
Criminal. Affirms order revoking probation.

Brian Beaman v. State of Indiana (NFP)
49A02-1005-CR-583
Criminal. Affirms conviction of Class A misdemeanor battery.

Kenneth Carson v. State of Indiana (NFP)
67A04-1009-CR-585
Criminal. Remands for clarification of the number of days of credit time Carson should receive.

Steven Sanders v. State of Indiana (NFP)
58A01-1008-CR-388
Criminal. Affirms sentence imposed following revocation of probation.

Valdez Leshawn Reed v. State of Indiana (NFP)
34A02-1005-CR-624
Criminal. Affirms convictions of Class A felony dealing in cocaine and Class B misdemeanors false informing and visiting a common nuisance.

Joni Shaw v. Covenant Care Waldron Home LLC (NFP)
73A04-1005-SC-317
Small claim. Affirms judgment in favor of Covenant Care in an action for the payment of fees incurred while Shaw’s mother was a resident at Waldron Health & Rehab Center.

Justin Floyd v. State of Indiana (NFP)
49A02-1005-CR-550
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.

Tommy A. Watson, Jr. v. State of Indiana (NFP)
48A04-1006-CR-406
Criminal. Affirms termination of Watson’s participation in a drug court program and order that he serve a sentence that had been stayed pending his successful completion of that program.

Indiana Spine Group, P.C. v. Hardigg Industries (NFP)
93A02-1008-EX-933
Civil. Reverses denial of Indiana Spine Group’s application for adjustment of claim for provider fee to recover the unpaid balance for services it rendered to an employee of Hardigg. Remands for further proceedings.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. 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.

  2. 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!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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