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Opinions Nov. 8, 2012

November 8, 2012
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Indiana Court of Appeals
Jerome Michael Burton v. State of Indiana
45A03-1201-CR-6
Criminal. Reverses denial of motion to dismiss the charge of failure to register as a sex offender. Remands with instructions. Wallace applies and the ex post facto provision of the Indiana Constitution prevents the application of Indiana’s Sex Offender Registry Act to require Burton, a resident of Indiana, to register as a sex offender for an offense committed in Illinois in 1987.

Jeff Clade v. Hunt Construction Group, Inc. (NFP)
49A02-1206-CT-509
Civil tort. Reverses summary judgment in favor of Hunt Construction Group on Clade’s negligence claim and remands with instructions.

T.B. v. Review Board of the Indiana Dept. of Workforce Development and A.R. (NFP)
93A02-1112-EX-1143
Agency appeal. Affirms denial of request to reinstate appeal.
 
Clay R. Firestone v. State of Indiana (NFP)
32A01-1201-PC-32
Post conviction. Grants petition for rehearing and reaffirms denial of petition for post-conviction relief.

Troy Phillips v. State of Indiana (NFP)
49A04-1203-PC-152
Post conviction. Affirms denial of petition for post-conviction relief.

F.M., Mother v. N.B., Father (NFP)
71A05-1206-JP-291
Juvenile. Reverses denial of motion to continue. Remands for a new hearing.

Brian E. Graves v. State of Indiana (NFP)
16A01-1205-CR-227
Criminal. Affirms conviction of Class B felony escape.

Jason Bond, David Lear and Leslie Bridges, et al. v. Veolia Water Indianapolis, LLC, Veolia Water North America Operating Service, LLC and The City of Indianapolis, Dept. of Waterworks (NFP)
49A02-1202-CC-147
Civil collection. Affirms dismissal of case for unjust enrichment, breach of contract and violation of the Deceptive Consumer Sales Act for lack of subject matter jurisdiction.

Zachary A. Sebastian v. State of Indiana (NFP)
52A02-1205-CR-372
Criminal. Affirms sentence following guilty plea to Class C felonies reckless homicide and carrying a handgun without a license.

The City of Shelbyville, Indiana and Shelbyville Board of Works and Safety v. Frank P. and Shirlene Sundvall (NFP)
73A01-1203-PL-98
Civil plenary. Reverses denial of the city’s motion for summary judgment in an action initiated by the Sundvalls. Remands for further proceedings.

No Indiana opinions were released by the 7th Circuit Court of Appeals prior to IL deadline. The Indiana Supreme Court and Tax Court released no opinions prior to IL deadline.
 

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  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?

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  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!

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