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Opinions Oct. 14, 2010

October 14, 2010
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The following opinion was posted after IL deadline Wednesday.
Indiana Supreme Court
TRW Vehicle Safety Systems, Inc., and Ford Motor Company v. Sally J. Moore, personal representative of the estate of Daniel A. Moore, deceased  
73S05-0909-CV-404
Civil. Reverses allocation of fault to Daniel Moore, Ford Motor Co., nonparty Goodyear Tire, and TRW Vehicle Safety Systems in a wrongful death suit. Reverses judgment of $1.25 million entered against TRW, reverses determination of total damages and remands for retrial to allocate 100 percent of the fault between Moore and Ford and re-determine the total damages subject to fault allocations unless the estate accepts remittitur as specified.

Today’s opinions

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Town of Culver Board of Zoning Appeals v. Roderick J. Ratcliff and Pamela A. Ratcliff
50A03-1004-MI-179
Miscellaneous. Affirms judgment in favor of the Ratcliffs on their petition for writ of certiorari from an adverse decision of the Board of Zoning Appeals. The storage sheds on a landscaped gravel lot supplied with electricity aren’t considered “structures” within the definition of Culver’s zoning ordinances.

Claudette Gee v. Green Tree Servicing, LLC
27A02-1003-MF-304
Mortgage foreclosure. Affirms denial of Gee’s motion to set aside the sheriff’s sale of her property. The sheriff complied with Indiana Code Section 32-29-7-3(e)’s requirement that notices of the sale be posted “at the door of the courthouse” when the notice was posted at the temporary court offices instead of the permanent courthouse, which was under renovation.

D.C. v. State of Indiana
49A02-1002-JV-100
Juvenile. Affirms the juvenile court didn’t abuse its discretion in ordering a commitment to the Department of Correction. Reverses order of both a determinate and indeterminate commitment. Because I.C. Section 31-37-19-10 is applicable to D.C., he is subject to a determinate commitment of up to 2 years in an authorized facility. Remands to issue a new dispositional order.

In the Matter of the Adoption of K.F. and T.F.; B.F. v. L.F.
47A04-1006-AD-373
Adoption. Affirms grant of stepmother L.F.’s petition for adoption of B.F.’s minor children. The evidence is sufficient to show mother had the ability to pay child support but did not, and that she is unfit to be a parent.

M.R., M.R., F.R., and K.R., Alleged to be CHINS; F.T. v. IDCS and Child Advocates
49A05-1002-JC-140
Juvenile. Vacates parental participation decree with regard to the alleged father of one of the children and remands for further proceedings. F.T.’s paternity of F.R. has never been established and certain procedural prerequisites for a parental participation decree weren’t followed.

Term. of Parent-Child Rel of J.P., et al; A.P. and A.P. v. I.D.C.S. and Child Advocates (NFP)
49A02-1003-JT-385
Juvenile. Affirms termination of parental rights.

Lisa A. Fowler v. State of Indiana (NFP)
34A04-1003-CR-171
Criminal. Affirms sentence following guilty plea to possession of cocaine within 1,000 feet of a youth program center as a Class B felony.

Jarrod S. Snyder v. State of Indiana (NFP)
57A05-1003-CR-155
Criminal. Affirms revocation of probation and order Snyder serve the entire suspended portion of his sentence.

Mark Thomas v. State of Indiana (NFP)
49A02-1002-CR-193
Criminal. Affirms sentence for Class C felony burglary, Class D felony attempted theft, Class B misdemeanor criminal mischief, and determination Thomas is a habitual offender.

Timothy Williams v. State of Indiana (NFP)

49A02-1003-CR-308
Criminal. Affirms convictions of Class B felony attempted robbery, Class C felony battery, and Class A misdemeanor carrying a handgun without a license.

Phyllis A. Merriweather v. State of Indiana (NFP)
49A02-1003-CR-428
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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?

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