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Opinions Oct. 17, 2012

October 17, 2012
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7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.

Indiana Supreme Court

J.M. v. Review Board of the Indiana Dept. of Workforce Development and T.C.
Agency appeal. Finds the court may rely on a different statutory ground of a just cause finding than the one relied upon by the review board when, as here, the review board’s findings of fact clearly establish the alternate subsection’s applicability. Affirms the review board under Indiana Code section 22-4-15-1(d)(5), that J.M. refused to obey instructions, and was thus fired for just cause. Affirms denial of unemployment benefits.

Indiana Court of Appeals
Earl F. Shields, Larry J. Shields, and Robert L. Shields v. Rodney L. Taylor
53A04-1202-PL-95
Civil plenary. Affirms trial court’s Dec. 9, 2011, finding of facts, conclusions of law and order, and the denial of the Shields’ motion to correct errors in favor of Rodney Taylor on his complaint for trespass. Agrees that the Shields’ counterclaim was not sufficiently pled to encompass a theory of easement by prescription.

Wind Wire, LLC v. Roger Finney and Patricia Finney
71A03-1202-PL-78
Civil plenary. Affirms judgment that Wind Wire fraudulently induced Roger and Patricia Finney to execute a contract for the purchase and installation of a residential wind turbine. The trial judge applied the correct legal standard.  

D.L., Glen Black, Ann Black, Steven Lucas, and K.L., by her Next Friend, D.L. v. Christine Huck, Laura Zimmerman, Angela Smith Grossman, Rhonda Friend, Angyl McClaine, and Indiana Dept. of Child Svcs.
79A04-1202-CT-61
Civil tort.  Concludes that DCS was not entitled to quasi-judicial immunity for any of the claimed actions, including negligence and intentional infliction of emotional distress, but is entitled to statutory immunity for all the originally dismissed claims except for the fraud claim. Ann and Glen, but not Steven, had standing to bring the suit, so D.L., K.L., Ann Black and Glen Black may proceed on the fraud claim. Remands for further proceedings.

In the Matter of the Term. of the Parent-Child Rel. of: A.R., V.R., C.R., and K.B.; and T.B. and C.R. v. The Indiana Dept. of Child Services and Lake County Court Appointed Special Advocates (NFP)
45A03-1201-JT-38
Juvenile. Affirms termination of parental rights.

In the Matter of the Term. of the Parent-Child Rel. of T.H.M.; T.H. and A.M. v. Indiana Dept. of Child Services (NFP)
02A03-1202-JT-61
Juvenile. Affirms termination of parental rights.

George Powells v. State of Indiana (NFP)
49A02-1204-CR-255
Criminal. Affirms conviction and sentence for Class C felony battery.

Curt Lowder v. State of Indiana (NFP)
49A04-1204-CR-160
Criminal. Affirms conviction and sentence for murder.

Mark Phillips v. State of Indiana (NFP)
71A03-1201-CR-35
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct.

Norman Barker v. State of Indiana (NFP)
49A02-1201-CR-20
Criminal. Affirms convictions and sentence for murder, felony murder, Class A felonies robbery and conspiracy to commit robbery, and Class A misdemeanor carrying a handgun without a license.

Indiana Tax Court posted no opinions by IL deadline.
 

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  1. Compromising precious constitutional rights in order to protect them? Rather like the military intelligence slogan that the town had to be destroyed in order to save it. Looks like Joseph, Mary and Baby Jesus will have quite the eventful Boxing Day this year. Wise men will arrive to find no one to accept their gifts? Oh well, wisdom not all that desired this xmas anyway. Maybe the ACLU and Christian attorneys can work out a "three days every third year" visitation compromise and all of this messy litigation stuff can just be boxed up as well? It is an art form, now isn't it? Thomas More, a man of manifold compromises is undoubtedly cheering on wildly.

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

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