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Opinions May 26, 2011

May 26, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Jerry French, et al. v. State Farm Fire & Casualty Company
18A02-1005-PL-489
Civil plenary. Affirms the trial court properly denied summary judgment for both parties on the question of whether the insurance policy terms covered the cost of replacing the Frenches’ manufactured home with a stick-built one. Remands with instructions to enter summary judgment in favor of State Farm on the Frenches’ coverage-by-estoppel claim because there is no dispute that coverage exists; to enter summary judgment for the Frenches on the question of reformation of the policy based on mutual mistake of fact and rescission of the policy based on concealment of material facts by the Frenches. Remands for trial on whether State Farm should be liable for the costs of a stick-built home.

Brian Kendrick v. State of Indiana
49A02-1003-CR-300
Criminal. Vacates Kendrick’s two Class C felony feticide convictions on double jeopardy grounds because the evidentiary facts used to establish those convictions established all of the elements of the Class A felony attempted murder conviction. Remands for re-sentencing on the remaining counts. The trial court did not abuse its discretion in finding a witness unavailable for trial. There was no prosecutorial misconduct that would entitle Kendrick to a new trial.

Alaska Seaboard Partners Limited Partnership v. Gerald Hood, et al.
32A01-1010-MF-546
Mortgage foreclosure. Affirms summary judgment in favor of Hendricks County Bank, the McDonalds, and the Boutots and denial of Alaska Seaboard’s cross-motion for summary judgment in Alaska’s mortgage foreclosure action. Alaska’s foreclosure action is barred by the doctrines of collateral and judicial estoppel. Affirms award of attorney fees to Hendricks County Bank, the McDonalds, and the Boutots.

Term. of Parent-Child Rel. of A.A.; R.A. v. IDCS (NFP)
82A05-1011-JT-730
Juvenile. Affirms involuntary termination of parental rights.

Michelle D. Breedlove v. State of Indiana (NFP)
36A04-1011-CR-755
Criminal. Affirms revocation of probation.

Donald E. Bunting v. State of Indiana (NFP)
65A05-1009-CR-575
Criminal. Affirms convictions of Class A felony dealing in methamphetamine and Class C felony possession of at least three grams of methamphetamine.

Term. of Parent-Child Rel. of J.M., et al.; M.M. v. I.D.C.S. (NFP)
71A05-1010-JT-638
Juvenile. Affirms involuntary termination of parental rights.

Daniel R. Penticuff v. State of Indiana (NFP)
30A01-1101-CR-8
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated and in a manner that endangered a person.

Marlon Snead v. State of Indiana (NFP)
45A03-1010-CR-511
Criminal. Affirms conviction of Class D felony residential entry and remands with instructions to re-sentence Snead.

Douglas McCorkle v. Alesia McCorkle (NFP)
30A01-1009-DR-438
Domestic relation. Reverses custody order and remands for a re-determination of custody.

Dennis Mysliwy v. Teresa Mysliwy (NFP)
45A03-1009-PO-548
Protective order. Affirms issuance of protective order against Dennis Mysliwy.

Elysia B. Souders v. State of Indiana (NFP)
53A04-1008-CR-571
Criminal. Affirms conviction of Class D felony theft.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  2. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

  3. If our State Government would sue for their rights to grow HEMP like Kentucky did we would not have these issues. AND for your INFORMATION many medical items are also made from HEMP. FOOD, FUEL,FIBER,TEXTILES and MEDICINE are all uses for this plant. South Bend was built on Hemp. Our states antiquated fear of cannabis is embarrassing on the world stage. We really need to lead the way rather than follow. Some day.. we will have freedom in Indiana. And I for one will continue to educate the good folks of this state to the beauty and wonder of this magnificent plant.

  4. Put aside all the marijuana concerns, we are talking about food and fiber uses here. The federal impediments to hemp cultivation are totally ridiculous. Preposterous. Biggest hemp cultivators are China and Europe. We get most of ours from Canada. Hemp is as versatile as any crop ever including corn and soy. It's good the governor laid the way for this, regrettable the buffoons in DC stand in the way. A statutory relic of the failed "war on drugs"

  5. Cannabis is GOOD for our PEOPLE and GOOD for our STATE... 78% would like to see legal access to the product line for better Hoosier Heath. There is a 25% drop in PAIN KILLER Overdoses in states where CANNABIS is legal.

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