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Opinions Nov. 29, 2012

November 29, 2012
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Indiana Court of Appeals
Terry and Laura Wagler, Larry and Jennifer Wagler, Norman Wagler, and Janet and Nathan Wagler v. West Boggs Sewer District Inc.
14A01-1109-PL-427
Civil plenary. Affirms denial of the Waglers’ motions for relief from judgment pursuant to Ind. Trial Rule 60(B), and that the court did not err in directing Janet and Nathan Wagler to connect to the sewer system. Denies West Boggs’ request for appellate attorney fees.

Miles Ogea d/b/a Mo Auger Investments and Mo's Tavern v. Karamesines Credit Shelter Trust (NFP)
18A04-1206-CT-288
Civil tort. Affirms ruling that Ogea has a duty to indemnify the second trust pursuant to the lease agreement between Ogea and the trust.

H. Wayne Burnett, M.D. v. Pamela A. Burnett, M.D. (NFP)
29A02-1203-DR-180
Domestic relation. Affirms valuation of Dr. H. Wayne Burnett’s partnership interest in a medical practice and the award of expert witness fees to Dr. Pamela A. Burnett. Affirms unequal division of the marital estate.

Richard A. Childress, Jr. v. State of Indiana (NFP)

45A03-1206-PC-246
Post conviction. Affirms denial of petition for post-conviction relief.

Term. of the Parent-Child Rel.of: M.M. (Minor Child), and S.H. (Mother) v. The Indiana Dept. of Child Services (NFP)
85A02-1204-JT-323
Juvenile. Affirms involuntary termination of parental rights.

Corbin Bardonner v. State of Indiana (NFP)
49A05-1205-CR-231
Criminal. Affirms conviction and sentence for Class A felony child molesting.

Jamey Taskey v. State of Indiana (NFP)
67A01-1204-CR-164
Criminal. Affirms conviction of Class D felony neglect of a dependent.

David S. Healey v. State of Indiana (NFP)
33A04-1202-MI-107
Miscellaneous. Affirms denial of verified petition to remove designation as offender.

Vickie Fenoglio, as Personal Representative of the Estate of Paul Fenoglio, Deceased v. Gregory Brock, D.O. (NFP)
84A04-1202-PL-59
Civil plenary. Affirms summary judgment for Dr. Gregory Brock.

Timothy J. Gilbert v. State of Indiana (NFP)
62A01-1205-PC-213
Post conviction. Affirms denial of petition for post-conviction relief.

 

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  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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