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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. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  2. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

  3. She must be a great lawyer

  4. Ind. Courts - "Illinois ranks 49th for how court system serves disadvantaged" What about Indiana? A story today from Dave Collins of the AP, here published in the Benton Illinois Evening News, begins: Illinois' court system had the third-worst score in the nation among state judiciaries in serving poor, disabled and other disadvantaged members of the public, according to new rankings. Illinois' "Justice Index" score of 34.5 out of 100, determined by the nonprofit National Center for Access to Justice, is based on how states serve people with disabilities and limited English proficiency, how much free legal help is available and how states help increasing numbers of people representing themselves in court, among other issues. Connecticut led all states with a score of 73.4 and was followed by Hawaii, Minnesota, New York and Delaware, respectively. Local courts in Washington, D.C., had the highest overall score at 80.9. At the bottom was Oklahoma at 23.7, followed by Kentucky, Illinois, South Dakota and Indiana. ILB: That puts Indiana at 46th worse. More from the story: Connecticut, Hawaii, Minnesota, Colorado, Tennessee and Maine had perfect 100 scores in serving people with disabilities, while Indiana, Georgia, Wyoming, Missouri and Idaho had the lowest scores. Those rankings were based on issues such as whether interpretation services are offered free to the deaf and hearing-impaired and whether there are laws or rules allowing service animals in courthouses. The index also reviewed how many civil legal aid lawyers were available to provide free legal help. Washington, D.C., had nearly nine civil legal aid lawyers per 10,000 people in poverty, the highest rate in the country. Texas had the lowest rate, 0.43 legal aid lawyers per 10,000 people in poverty. http://indianalawblog.com/archives/2014/11/ind_courts_illi_1.html

  5. A very thorough opinion by the federal court. The Rooker-Feldman analysis, in particular, helps clear up muddy water as to the entanglement issue. Looks like the Seventh Circuit is willing to let its district courts cruise much closer to the Indiana Supreme Court's shorelines than most thought likely, at least when the ADA on the docket. Some could argue that this case and Praekel, taken together, paint a rather unflattering picture of how the lower courts are being advised as to their duties under the ADA. A read of the DOJ amicus in Praekel seems to demonstrate a less-than-congenial view toward the higher echelons in the bureaucracy.

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