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Opinions May 4, 2011

May 4, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Robert Eppl v. Christine DiGiacomo
45A03-1007-SC-402
Small claim. Reverses summary judgment for DiGiacomo and order that Eppl return DiGiacomo’s security deposit and pay her attorney fees. DiGiacomo’s mere delivery of the keys is not sufficient to demonstrate that Eppl actually accepted surrender of the premises and thereby released her from liability as of that date. Eppl’s itemization of damages letter was timely. Affirms determination that Eppl isn’t entitled to prevail in whole on his counterclaim for damages and remands with instructions to calculate the undisputed nail hole damage and expenses for repair of a broken light fixture to be deducted from the security deposit.

American Family Home Insurance Co. v. Rick Bonta
64A04-1008-CT-516
Civil tort. Reverses order granting a new trial in favor of Bonta. The trial court erred when it failed to make specific findings in setting aside the jury’s verdict and granting a new trial because the court concluded that the verdict was against the weight of the evidence. Also finds American Family Home Insurance has standing to bring the appeal. Remands for reinstatement of the jury’s verdict.

Jack M. Estes, II v. State of Indiana (NFP)
49A05-1009-CR-657
Criminal. Affirms sentence following revocation of probation.

Thomas James Newsom v. State of Indiana (NFP)
71A03-1008-CR-473
Criminal. Affirms conviction of and sentence for Class A felony conspiracy to commit murder.

Thomas D. Eckel v. State of Indiana (NFP)
30A01-1010-CR-522
Criminal. Affirms convictions of Class D felony operating a vehicle while intoxicated in a manner endangering a person while having a prior conviction within the past five years, and Class C misdemeanor operating a vehicle with a schedule I or II controlled substance or its metabolite in the body.

Michael Bracken v. State of Indiana (NFP)
23A05-1010-CR-667
Criminal. Affirms conviction of Class B felony methamphetamine manufacture and finding that Bracken is a habitual substance offender.

Cassandra Gardner v. State of Indiana (NFP)
49A02-1010-CR-1132
Criminal. Affirms conviction of Class A misdemeanor conversion.

A.B. v. Review Board (NFP)
93A02-1009-EX-988
Civil. Affirms denial of request for unemployment benefits.

Peggy Bracken v. Marine Corp. League Joseph Bray Det. Inc. (NFP)
84A05-1009-CT-593
Civil tort. Affirms grant of summary judgment for Marine Corp. League Joseph A. Bray Detachment Inc. with respect to Bracken’s slip and fall at the premises known as Northside Bingo.

Gary C. Williams v. State of Indiana (NFP)
57A05-1007-CR-416
Criminal. Affirms conviction of Class A felony possession with intent to deliver methamphetamine within 1,000 feet of a family housing complex.

Indiana Tax Court had posted no opinions at IL deadline.

 

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  1. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  2. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  3. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

  4. Duncan, It's called the RIGHT OF ASSOCIATION and in the old days people believed it did apply to contracts and employment. Then along came title vii.....that aside, I believe that I am free to work or not work for whomever I like regardless: I don't need a law to tell me I'm free. The day I really am compelled to ignore all the facts of social reality in my associations and I blithely go along with it, I'll be a slave of the state. That day is not today......... in the meantime this proposed bill would probably be violative of 18 usc sec 1981 that prohibits discrimination in contracts... a law violated regularly because who could ever really expect to enforce it along the millions of contracts made in the marketplace daily? Some of these so-called civil rights laws are unenforceable and unjust Utopian Social Engineering. Forcing people to love each other will never work.

  5. I am the father of a sweet little one-year-old named girl, who happens to have Down Syndrome. To anyone who reads this who may be considering the decision to terminate, please know that your child will absolutely light up your life as my daughter has the lives of everyone around her. There is no part of me that condones abortion of a child on the basis that he/she has or might have Down Syndrome. From an intellectual standpoint, however, I question the enforceability of this potential law. As it stands now, the bill reads in relevant part as follows: "A person may not intentionally perform or attempt to perform an abortion . . . if the person knows that the pregnant woman is seeking the abortion solely because the fetus has been diagnosed with Down syndrome or a potential diagnosis of Down syndrome." It includes similarly worded provisions abortion on "any other disability" or based on sex selection. It goes so far as to make the medical provider at least potentially liable for wrongful death. First, how does a medical provider "know" that "the pregnant woman is seeking the abortion SOLELY" because of anything? What if the woman says she just doesn't want the baby - not because of the diagnosis - she just doesn't want him/her? Further, how can the doctor be liable for wrongful death, when a Child Wrongful Death claim belongs to the parents? Is there any circumstance in which the mother's comparative fault will not exceed the doctor's alleged comparative fault, thereby barring the claim? If the State wants to discourage women from aborting their children because of a Down Syndrome diagnosis, I'm all for that. Purporting to ban it with an unenforceable law, however, is not the way to effectuate this policy.

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