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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. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. 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.

  5. 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

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