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Opinions May 14, 2013

May 14, 2013
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Indiana Supreme Court
State of Indiana v. John Doe
49S00-1201-CT-14
Civil tort. Reverses judgment declaring I.C. 34-51-3-4, -5, and -6 impermissibly inconsistent with Article 1, Section 20 and Article 3, Section 1 of the Indiana Constitution. The cap and allocation scheme of punitive damages does not infringe upon the right to a jury trial, and the cap does not offend the separation of powers. Remands with instructions to grant Stewart’s motion to reduce the punitive damages to the statutory maximum and order that 75 percent of the award be deposited in the Violent Crime Victim Compensation Fund.  

Girl Scouts of Southern Illinois v. Vincennes Indiana Girls, Inc.
42S00-1210-PL-597
Civil plenary. Affirms trial court grant of summary judgment quieting title in Vincennes Indiana Girls Inc. Concludes that the Contracts Clause of the Indiana Constitution protects the enforceability of a 49-year land use limitation imposed by VIG despite a subsequently enacted statute, Indiana Code 32-17-10-2, that purports to limit reversionary clauses in land transactions to a maximum of 30 years. The dissolution of VIG did not terminate its existence or surrender its charter, and so its reversionary rights did not terminate by operation of the deed. Though the parties only intended the restriction to run for 49 years instead of indefinitely, their contract would nevertheless be substantially impaired if it were cut off after just 30 years by applying I.C. 32-17-10-2.

Indiana Court of Appeals
Terrence T. Walker v. State of Indiana
45A04-1208-CR-441
Criminal. Affirms conviction of Class C felony child molesting involving fondling or touching. Fundamental error did not occur as a result of any inadmissible testimony by the victim’s father. The trial court did not err in failing to instruct the jury on Class D felony sexual battery because it is not an inherently or factually included offense of Class C felony child molesting as charged. The trial court did not abuse its discretion in replacing the only African-American juror.

David A. Warner v. State of Indiana (NFP)
07A05-1207-CR-386
Criminal. Affirms convictions of Class B felony dealing in methamphetamine and Class B misdemeanor possession of a switchblade.

The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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