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Opinions Nov. 1, 2012

November 1, 2012
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The following Indiana Supreme Court decision was posted after IL deadline Wednesday:
Stephen W. Robertson, Indiana Comm. of Insurance, as Admin. of Indiana Patient's Compensation Fund and The Indiana Patient's Compensation Fund v. B.O., A Minor, Lisa A. Ort and Kevin C. Ort
49S04-1111-CT-671
Civil tort. Affirms grant of partial summary judgment to B.O. and his parents because Indiana Code 34-18-15-3(5) precludes the Patient Compensation Fund from disputing the existence or cause of B.O.’s claimed injury.

Indiana Court of Appeals
Leslie Bridges v. Veolia Water Indianapolis, LLC, Veolia Water North America Operating Service, LLC, and The City of Indianapolis, Dept. of Waterworks
49A02-1112-CC-1097
Civil collection. Affirms trial court dismissal of Bridges’ class action filed after her water was turned off for nonpayment, finding Bridges failed to exhaust the administrative remedies available at the Indiana Utilities Regulatory Commission. She had to seek those remedies before seeking judicial relief. Concludes that I.C. 8-1-2-68 through -70 grant the IURC exclusive jurisdiction over Bridges’ claim regardless of whether it is treated as a challenge to and request for reimbursement of the reconnect fee or as a challenge to the allegedly improper act of terminating her residential water service in a manner inconsistent with the terms of the tariff.

Joshua Shipley v. State of Indiana (NFP)
07A05-1204-CR-225
Criminal. Affirms sentence for Class B felony criminal confinement with a deadly weapon.

Jeffrey S. Heironimus v. State of Indiana (NFP)
82A01-1204-CR-152
Criminal. Affirms admission of evidence of witness identifications made after a warrantless entry into an accomplice’s residence.

Angela R. Elliott v. State of Indiana (NFP)
13A04-1201-CR-11
Criminal. Affirms convictions of Class A felony dealing in methamphetamine, Class D felony maintaining a common nuisance, and Class A misdemeanors possession of paraphernalia and resisting law enforcement.

Brian S. Fleming v. State of Indiana (NFP)
82A05-1202-CR-100
Criminal. Affirms conviction of Class D felony intimidation.

Stephen L. Reed v. State of Indiana (NFP)
02A03-1205-CR-216
Criminal. Affirms sentence for Class C felony corrupt business influence.

Bryan Jann v. Review Board of the Indiana Dept. of Workforce Development and C&B Custom Modular, Inc. (NFP)
93A02-1112-EX-1185
Agency appeal. Affirms decision by review board that Jann, by failing to appear, had presented no evidence to support claim for unemployment benefits.

Darrius Woods v. State of Indiana (NFP)
20A03-1202-CR-90
Criminal. Affirms conviction of Class A felony dealing in cocaine.

Kenneth Hawkins v. Debra Hawkins (NFP)
49A02-1203-DR-206
Domestic relation. Affirms distribution of assets and declines to award Debra Hawkins attorney fees.

David J. Bogolia and Nikki Schafer v. John Danielson, M.D. (NFP)
64A04-1201-CC-42
Civil collection. Affirms denial of Bogolia’s and Schafer’s motion for partial summary judgment and their motion to strike Dr. Danielson’s response to that motion.
 

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  4. My parents took advantage of the fact that I was homeless in 2012 and went to court and got Legal Guardianship I my 2 daughters. I am finally back on my feet and want them back, but now they want to fight me on it. I want to raise my children and have them almost all the time on the weekends. Mynparents are both almost 70 years old and they play favorites which bothers me a lot. Do I have a leg to stand on if I go to court to terminate lehal guardianship? My kids want to live with me and I want to raise them, this was supposed to be temporary, and now it is turning into a fight. Ridiculous

  5. Here's my two cents. While in Texas in 2007 I was not registered because I only had to do it for ten years. So imagine my surprise as I find myself forced to register in Texas because indiana can't get their head out of their butt long enough to realize they passed an ex post facto law in 2006. So because Indiana had me listed as a failure to register Texas said I had to do it there. Now if Indiana had done right by me all along I wouldn't need the aclu to defend my rights. But such is life.

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