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Opinions May 3, 2012

May 3, 2012
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7th Circuit Court of Appeals posted no opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals

M.O. v. Indiana Dept. of Insurance, Indiana Patient's Compensation Fund
53A05-1112-PL-682
Civil plenary. Affirms conclusion that Indiana Code 24-4.6-1-101 (1993), with its 8 percent interest rate, applies to payments to M.O, a successful malpractice claimant, and that interest began to accrue on the 15th day of the month following the end of the claim period in which the claim was filed with the Patient’s Compensation Fund.

Meschach Berry v. State of Indiana
49A04-1109-CR-474
Criminal. Reverses conviction of Class A misdemeanor possession of marijuana. The trial court abused its discretion by admitting evidence obtained through an inventory search of Berry’s automobile because the state failed to prove that an exception to the warrant requirement existed at the time of the inventory search of Berry’s car.

Gregory Foster v. State of Indiana (NFP)
02A04-1107-PC-398
Post conviction. Affirms denial of petition for post-conviction relief.

Travis Moore v. State of Indiana (NFP)
49A02-1109-CR-807
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

 

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  1. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  2. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  3. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  4. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  5. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

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