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. Two cops shot execution style in NYC. Was it first amendment protest, or was it incitement to lawlessness? Some are keeping track of the body bags: http://www.breitbart.com/big-government/2014/12/13/al-sharpton-leads-thousands-in-saturday-march-on-washington-dc/

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

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