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Opinions Nov. 14, 2013

November 14, 2013
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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.
 

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  1. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  2. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  3. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  4. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  5. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

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