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Opinions March 26, 2013

March 26, 2013
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Indiana Supreme Court
Teresa Meredith, et al. v. Mike Pence, et al.
Civil plenary/school vouchers. Affirms constitutionality of Indiana’s Choice Scholarship program, affirming a trial court’s grant of summary judgment for state defendants in a suit in which plaintiffs claimed the voucher program violated state Constitution provisions on education and religious liberties. The court held that the voucher plan is within the Legislature’s power under Article 8, Section 1, and that the enacted program does not violate either Section 4 or Section 6 of Article 1 of the Indiana Constitution.

Indiana Court of Appeals
State of Indiana v. Gregory Lagrone

49A05-1203-CR-135
Criminal. Affirms trial court grant of a motion to suppress evidence obtained in a search of a home that led to Class D felony charges against Lagrone of dealing marijuana and possession of marijuana. The court held that warrantless use of a parcel wire device inserted by police into a package containing marijuana, signaling when the package is open inside a home and instigating a police search, is a violation of the Fourth Amendment and an unjustifiable intrusion into a home.  

Victor C. Regalado v. The Estate of Joseph James Regalado, and Paula Heffelfinger (NFP)

64A03-1207-ES-322
Estate. Affirms trial court grant of motion to correct error on the basis of newly discovered evidence regarding DNA of a purported heir, remanding the matter to the trial court for further proceedings with regard to Paula Heffelfinger’s heirship.

Michael Miller v. State of Indiana (NFP)
34A04-1208-PC-405
Post conviction. Affirms denial of post-conviction relief from an aggregate sentence of 120 years in prison for conviction of three counts of Class A child molesting.

Donnie Messer v. State of Indiana (NFP)

44A03-1206-CR-303
Criminal. Affirms revocation of probation and order to serve 10 years in the Department of Correction for a conviction of Class B felony manufacturing methamphetamine.










 
 

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  1. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

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  3. 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.

  4. 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.

  5. 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!

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