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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. 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.

  2. 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!

  3. If our State Government would sue for their rights to grow HEMP like Kentucky did we would not have these issues. AND for your INFORMATION many medical items are also made from HEMP. FOOD, FUEL,FIBER,TEXTILES and MEDICINE are all uses for this plant. South Bend was built on Hemp. Our states antiquated fear of cannabis is embarrassing on the world stage. We really need to lead the way rather than follow. Some day.. we will have freedom in Indiana. And I for one will continue to educate the good folks of this state to the beauty and wonder of this magnificent plant.

  4. Put aside all the marijuana concerns, we are talking about food and fiber uses here. The federal impediments to hemp cultivation are totally ridiculous. Preposterous. Biggest hemp cultivators are China and Europe. We get most of ours from Canada. Hemp is as versatile as any crop ever including corn and soy. It's good the governor laid the way for this, regrettable the buffoons in DC stand in the way. A statutory relic of the failed "war on drugs"

  5. Cannabis is GOOD for our PEOPLE and GOOD for our STATE... 78% would like to see legal access to the product line for better Hoosier Heath. There is a 25% drop in PAIN KILLER Overdoses in states where CANNABIS is legal.

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