ILNews

Opinions Oct. 12, 2012

October 12, 2012
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7th Circuit Court of Appeals issued no opinions prior to IL deadline.

Indiana Supreme Court and Indiana Tax court issued no opinions prior to IL deadline.

Indiana Court of Appeals

Jeffrey Riggs and Mark Ashmann v. Mark S. Weinberger, M.D., Mark Weinberger, M.D., P.C., Merrillville Center for Advanced Surgery, LLC, and Nose and Sinus Center, LLC
45A03-1109-CT-394
Civil tort. Reaffirms original opinion in all respects, and finds that a trial court when confronted with the facts and circumstances like those in this case, may compel an involuntary psychiatric examination in accordance with Ind. Trial Rule 35. There is no requirement that the court must do so.

Certain Westfield Southeast Area 1 Annexation Territory Landowners and Certain Westfield Southeast Area 2 Territory Landowners v. City of Westfield
29A02-1205-MI-389
Miscellaneous. Affirms judgment in favor of Westfield in finding that the city’s delayed publication of annexation ordinances did not bar annexation. The remonstrators haven’t shown a violation of their substantial rights. Affirms that the remonstrators do have standing to challenge the city’s annexation as evidenced by the certification of the remonstrance petition prior to the evidentiary hearing.

Charles Davis, Sr. v. State of Indiana (NFP)
03A05-1111-CR-639
Criminal. Affirms conviction and sentence for Class B felony dealing in methamphetamine.

Steven Powers v. State of Indiana (NFP)
84A01-1201-CR-29
Criminal. Affirms sentence for Class B felony neglect of a dependent resulting in serious bodily injury.

T.H. v. State of Indiana (NFP)
53A05-1203-JV-119
Juvenile. Affirms adjudication as a delinquent, finding T.H. committed rape and criminal deviate conduct.

Robert Decker v. Paul Whitesell, as Superintendent of the Indiana State Police, The Indiana State Police Board, and The Indiana State Police (NFP)
84A01-1112-PL-578
Civil plenary. Affirms termination of employment.

Robin McFarland v. State of Indiana (NFP)
49A02-1203-CR-239
Criminal. Affirms conviction of Class D felony theft.

Lawrence A. Smith v. Dennis A. Williams and Giddings, Whitsitt & Williams, P.C. (NFP)
06A01-1201-CT-20
Civil tort. Affirms order granting summary judgment in favor of Williams and the law firm on Smith’s legal malpractice action.

Jwaun Poindexter v. State of Indiana (NFP)
49A02-1203-CR-213
Criminal. Affirms murder conviction, reverses conviction of Class A felony attempted robbery and remands with instructions to enter judgment of conviction for attempted robbery as a Class C felony and sentence Poindexter accordingly.
 

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  1. 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.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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