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Opinions March 21, 2011

March 21, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Darryl Harris v. United Water Services, Inc.
93A02-1010-EX-1164
Civil. Reverses the decision by the Full Worker’s Compensation Board affirming the grant of United Water’s motion to dismiss. Harris’ deposition testimony doesn’t support the board’s finding that he admitted that his condition stemmed from a single incident and the board applied the wrong burden of proof. Remands for further proceedings.

Larry Bowyer v. Indiana Dept. of Natural Resources
09A05-0912-CV-740
Civil. Affirms order granting permanent mandatory injunction and damages in favor of the Indiana Department of Natural Resources, which said that Bowyer must remove the fill he placed in the lake and restore it to as close to its natural condition as possible. The trial court did not err in its application or construction of Indiana Code Section 14-26-2-6, and the order’s findings of fact, conclusions of law, and judgment were not clearly erroneous.

Stephen B. Reeves v. State of Indiana (NFP)
20A03-1006-PC-324
Post conviction. Affirms denial of petition for post-conviction relief.

Nicole Cooper v. State of Indiana (NFP)
34A02-1004-CR-506
Criminal. Affirms sentence imposed following revocation of probation.

Term. of Parent-Child Rel. of A.K. Jr., et al.; A.K. Sr. v. I.D.C.S. (NFP)
27A02-1009-JT-1004
Juvenile. Affirms involuntary termination of parental rights.

Jeremy Knoy v. State of Indiana (NFP)
79A02-1004-CR-431
Criminal. Affirms conviction of and sentence for felony murder.

Christopher Rondeau v. State of Indiana (NFP)
49A02-1006-CR-694
Criminal. Affirms murder conviction.

Bruce E. Wilson v. State of Indiana (NFP)
48A05-1007-CR-435
Criminal. Affirms sentence following guilty plea to Class D felony dealing in marijuana.

Shawn Hattery v. State of Indiana (NFP)
43A03-1002-CR-62
Criminal. Affirms convictions of and sentence for Class D felonies obstruction of justice, theft, criminal confinement, and sexual battery; Class A felonies burglary, attempted criminal deviate conduct, two counts of criminal deviate conduct, and three counts of rape; and Class C felony battery.

Terry Davis v. State of Indiana (NFP)
49A02-1006-PC-747
Post conviction. Affirms denial of petition for post-conviction relief.

Mauricio Carvajal v. State of Indiana (NFP)
43A05-1007-CR-463
Criminal. Affirms denial of motion to withdraw guilty plea.

Carnival Cruise Lines, Inc. v. Doris Beard (NFP)
45A04-1009-SC-529
Small claims. Reverses denial of Carnival’s motion to dismiss Beard’s claim.

Evan Sapp v. State of Indiana (NFP)
84A01-1006-CR-330
Criminal. Affirms sentence for Class D felony theft.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court granted one transfer and denied 23 for the week ending March 18.
 

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  2. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  3. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  4. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

  5. Once again Indiana has not only shown what little respect it has for animals, but how little respect it has for the welfare of the citizens of the state. Dumping manure in a pond will most certainly pollute the environment and ground water. Who thought of this spiffy plan? No doubt the livestock industry. So all the citizens of Indiana have to suffer pollution for the gain of a few livestock producers who are only concerned about their own profits at the expense of everyone else who lives in this State. Shame on the Environmental Rules Board!

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