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Opinions Oct. 12, 2010

October 12, 2010
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7th Circuit Court of Appeals
United States of America and State of New York, et al. v. Cinergy Corp., et al.
No. 1:99-CV-1693
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Larry J. McKinney.
Civil. Reverses District Court ruling in the government’s favor regarding modifications involving sulphur dioxide emissions because Cinergy met the standard that was authorized by a state plan the Environmental Protection Agency approved. Finds the District Court should not have admitted evidence by the EPA’s expert witnesses. Rules that without expert testimony to support an estimate of actual emissions caused by the modifications, the government cannot prevail with respect to the charge of nitrogen oxide pollution. Dismisses cross-appeal.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Dwight Murdock v. Estate of Sharron K. Murdock
45A03-0912-CV-585
Civil. Reverses enforcement of marital property settlement document, including its provision that the issue of abandonment is moot, and remands for further proceedings addressing the issue of whether Dwight forfeited the right to inherit from Sharron’s estate after she died during the dissolution process.

Deere & Co. v. Travis Hostetler & New Holland Rochester
25A05-1006-CC-367
Civil collection. Reverses trial court order giving New Holland prejudgment possession of farm equipment and remands with instructions to enter an order granting Deere prejudgment possession of the equipment in question. Rules New Holland was not a bona fide purchaser because it had actual notice of Deere’s liens.

In Re the Guardianship of A.M.N.; M.N. and E.N. v. B.C. (NFP)
39A01-1001-GU-73
Guardianship. Affirms trial court did not abuse its discretion in terminating the grandparents’ guardianship in favor of mother.

Kenneth Pairsh v. Annette Pairsh (NFP)
18A02-1002-DR-151
Domestic relation. Affirms trial court’s denial of Kenneth Pairsh’s request for spousal maintenance and its distribution of marital property

Emmanuel T. Williams v. State of Indiana (NFP)
45A04-1003-CR-199
Criminal. Affirms 15-year sentence for Class B felony aggravated battery.

Anthony Williams v. State of Indiana (NFP)
29A02-1002-CR-352
Criminal. Affirms conviction of Class D felony auto theft.

Luther J. Gant v. State of Indiana (NFP)

02A03-1004-CR-208
Criminal. Affirms conviction of Class B felony robbery and 15-year sentence.

Ronnie Drane v. State of Indiana (NFP)
45A03-0912-PC-600
Post conviction. Affirms denial of post-conviction relief.

Michelle Woods v. State of Indiana (NFP)
49A04-1002-CR-119
Criminal. Affirms convictions of Class A misdemeanor battery on a law enforcement officer, Class A misdemeanor resisting law enforcement, and Class B misdemeanor disorderly conduct.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

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