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Opinions March 6, 2012

March 6, 2012
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court

Mark J. Thatcher v. City of Kokomo, et al.
94S00-1109-CQ-570
Certified question. Indiana Code 36-8-4-7(a) applies to a member of the 1977 Fund who is receiving disability benefits and who has been determined to have been recovered pursuant to 35 Indiana Administrative Code 2-5-5(c). And the time period during which a person receives disability benefits under Indiana Code 36-8-8-12(e) does not count toward “years of service” as that term is used in Indiana Code 36-8-4-7(a).

Indiana Court of Appeals
CBR Event Decorators, Inc., Gregory Rankin, Robert Cochrane and John Bales v. Todd M. Gates
49A02-1010-CT-1117
Civil tort. The trial court erred in piercing the corporate veil because Gates failed to establish a causal connection between misuse of the corporate form and fraud or injustice. Affirms judgment against CBR for breach of contract, fraudulent conveyance, fraudulent transfer, and wrongful stop payment. Remands for a determination of the portion of attorney fees the shareholders are liable for to Gates as a result of the wrongful stop payment.

John Shocke v. State of Indiana (NFP)
88A01-1107-CR-366
Criminal. Affirms revocation of probation.

Jamika J. Talley v. State of Indiana (NFP)
79A05-1107-CR-407
Criminal. Affirms conviction of Class A misdemeanor conversion.

In the Matter of the Civil Commitment of M.B. v. Wishard Health Services Midtown Community Mental Health Center (NFP)
49A02-1106-MH-505
Mental health. Affirms involuntary commitment.

Larry Parks v. State of Indiana (NFP)
49A02-1108-CR-706
Criminal. Affirms conviction of Class A misdemeanor driving while suspended.

Darrick Scott and Paul A. Watson v. City of Terre Haute, et al. (NFP)

84A01-1108-PL-337
Civil plenary. Affirms summary judgment in favor of Terre Haute and other city actors on Scott and Watson’s civil complaint alleging that the appointment of 10 firefighters to the position of battalion chief was illegal and circumvented the merit system.

David A. Bowe v. State of Indiana (NFP)
40A01-1108-CR-375
Criminal. Affirms sentence for Class C felony burglary and Class D felony theft.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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