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Opinions May 21, 2013

May 21, 2013
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Indiana Court of Appeals
Charles Pickering v. Caesars Riverboat Casino, LLC d/b/a Horseshoe Southern Indiana
31A01-1209-CT-429
Civil tort. Affirms grant of summary judgment in favor of defendant, holding that an injury Charles Pickering sustained after passing beneath caution tape and falling on a snowy and icy parking garage surface could not be attributed to Horseshoe Casino, which had cordoned off the area.

C.B. v. State of Indiana
49A04-1207-JV-379
Juvenile. Reverses juvenile court denial of a motion to consider probable cause even though C.B. clearly established lack of probable cause. The court held that in a case in which a juvenile presents evidence that tends to negate probable cause, a juvenile court must grant a motion to reconsider probable cause.

Dorita P. Lee and Brealon Miller v. Elizabeth Hamilton (NFP)
45A03-1211-SC-491
Small claim. Affirms granting of judgment in favor of Dorita Lee and Brealon Miller. Concludes the lower court did not err in awarding Lee and Miller zero damages.   

Christine and George Evan v. Trustgard Insurance Company, d/b/a Grange Insurance (NFP)
64A04-1210-CT-563
Civil tort. Dismisses the Evans’ appeal of denial of their motion to compel discovery responses in their action against Trustgard Insurance Co., doing business as Grange Insurance. Finds the Evans are not appealing a final judgment and did not properly perfect a discretionary interlocutory appeal. The COA rules it has no jurisdiction to entertain the appeal of the trial court’s denial.  

Francis Napier v. State of Indiana (NFP)
15A04-1209-CR-460
Criminal. Affirms denial of Napier’s motion to suppress the evidence. Concludes that since the Indiana Gaming Commission officer’s actions in helping Napier’s girlfriend retrieve personal items from Napier’s truck did not constitute a search under the Fourth Amendment, the COA does not reach Napier’s argument that the search was unjustified under the automobile exception to the warrant requirement.

Dionne Stewart v. State of Indiana (NFP)
49A02-1210-PC-787
Post conviction. Affirms denial of Stewart’s amended petition for post-conviction relief. Concludes Stewart waived appellate review of his claim that the trial court erred in permitting the state to belatedly amend the Information to include a habitual offender allegation. COA concludes that Stewart did not receive ineffective assistance of appellate counsel.  

Kevin T. Price v. State of Indiana (NFP)
18A02-1210-CR-809
Criminal. Affirms Price’s convictions and sentence for Class D felony pointing a firearm and Class A misdemeanor battery resulting in bodily injury. Finds the trial court did not err in excluding Price’s alibi witness and in instructing the jury. Also concludes Price has failed to carry his burden to show that his sentence is inappropriate.   

In the Guardianship of D.M.: W.G. v. B.P. (NFP)
39A01-1210-GU-463
Guardianship. Affirms termination of W.G.’s (grandfather) guardianship over D.M. (granddaughter). Finds the trial court did not abuse its discretion either in terminating grandfather’s guardianship of D.M. or in awarding mother immediate custody of D.M.  

The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.
 

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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  4. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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