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
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
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)
Criminal. Affirms conviction and sentence for Class B felony dealing in methamphetamine.

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

T.H. v. State of Indiana (NFP)
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)
Civil plenary. Affirms termination of employment.

Robin McFarland v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony theft.

Lawrence A. Smith v. Dennis A. Williams and Giddings, Whitsitt & Williams, P.C. (NFP)
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)
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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