ILNews

Opinions Nov. 14, 2013

November 14, 2013
Keywords
Back to TopE-mailPrintBookmark and Share

Indiana Court of Appeals
Darliss Wert and Gary Wert v. Meridian Security Insurance Company
15A01-1306-CT-252
Civil tort. Reverses summary judgment in favor of the insurance company on the Werts’ underinsured-motorist claim. Provisions in the insurance contract, when read together, make it unclear when the Werts should have filed a lawsuit to preserve their claim and may completely foreclose their ability to file a lawsuit.

The Novogroder Companies, Inc., v. Michael J. Massaro

45A03-1303-PL-98
Civil plenary. Affirms denial of injunctive relief to Novogroder Companies on its efforts to enjoin Massaro from cooking foods at the leased premises. The trial court did not abuse its discretion in refusing to grant preliminary injunctive relief to abate a nuisance.  

Donald Warren v. State of Indiana (NFP)
30A01-1301-CR-16
Criminal. Affirms convictions of Class B felonies burglary and conspiracy to commit burglary.

Christopher Roberts v. State of Indiana (NFP)
49A04-1304-CR-199
Criminal. Affirms conviction of Class A misdemeanor domestic battery.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of G.H., (Minor Child) and D.H.(Father) v. Marion County Department of Child Services, Child Advocates, Inc. (NFP)

49A02-1303-JT-284
Juvenile. Affirms termination of parental rights.

In Re the Matter of D.H., J.H., A.H., N.H., P.H., S.H., D.H., J.H., and D.H.; Children Alleged to be Children in Need of Services, T.H. (Mother) v. The Indiana Department of Child Services (NFP)
49A02-1304-JC-334
Juvenile. Affirms determination the children are children in need of services.

Louis Shepherd, Jr. v. State of Indiana (NFP)
06A01-1304-CR-169
Criminal. Affirms conviction of Class B felony criminal deviate conduct and sentence. Remands with instructions to correct the judgment of conviction such that it does not reflect a conviction on the Class D felony criminal confinement charge due to double jeopardy issues.  

Randy Terrell v. State of Indiana (NFP)
65A04-1303-CR-147
Criminal. Affirms sentence following convictions of Class B felony dealing in methamphetamine, two counts of Class B felony burglary, and Class D felonies possession of chemical reagents or precursors with intent to manufacture a controlled substance, maintaining a common nuisance and two counts of theft.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  2. My situation was hopeless me and my husband was on the verge of divorce. I was in a awful state and felt that I was not able to cope with life any longer. I found out about this great spell caster drlawrencespelltemple@hotmail.com and tried him. Well, he did return and now we are doing well again, more than ever before. Thank you so much Drlawrencespelltemple@hotmail.comi will forever be grateful to you Drlawrencespelltemple@hotmail.com

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. 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.

  5. 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!

ADVERTISEMENT