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Opinions May 22, 2012

May 22, 2012
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7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline.

Indiana Court of Appeals
In the Matter of V.H.; J.H. v. Indiana Dept. of Child Services

49A02-1110-JC-947
Juvenile. Reverses juvenile court’s grant of CHINS petition and vacates the court’s participation order, holding that the CHINS adjudication and participation decree were erroneous.

Dwayne Rhoiney v. State of Indiana (NFP)

49A02-1107-CR-650
Criminal. Affirms resentencing by trial court for felony murder, Class B felony criminal confinement and Class A misdemeanor carrying a handgun without a license.

Ohio Farmers Insurance Company and S.C. Nestel, Inc. v. Indiana Drywall & Acoustics, Inc. (NFP)
49A02-1106-CC-534
Civil collections. Affirms trial court’s denial of Nestel’s motion for summary judgment, but reverses the denial of Ohio Farmers’ motion for summary judgment with respect to Indiana Drywall’s bond claim.

Charles E. Justise, Sr. v. State of Indiana (NFP)
49A02-1105-CR-408
Criminal. Affirms convictions of Class A and Class C felony child molesting.
 

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  1. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  2. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  3. 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.

  4. 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?

  5. 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.

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