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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. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

  2. As an adoptive parent, I have to say this situation was as shameful as it gets. While the state government opens its wallet to the Simons and their friends, it denied payments to the most vulnerable in our state. Thanks Mitch!

  3. We as lawyers who have given up the range of First amendment freedom that other people possess, so that we can have a license to practice in the courts of the state and make gobs of money, that we agree to combat the hateful and bigoted discrimination enshrined in the law by democratic majorities, that Law Lord Posner has graciously explained for us....... We must now unhesitatingly condemn the sincerely held religious beliefs of religiously observant Catholics, Muslims, Christians, and Jewish persons alike who yet adhere to Scriptural exhortations concerning sodomites and catamites..... No tolerance will be extended to intolerance, and we must hate the haters most zealously! And in our public explanations of this constitutional garbledygook, when doing the balancing act, we must remember that the state always pushes its finger down on the individualism side of the scale at every turn and at every juncture no matter what the cost to society.....to elevate the values of a minority over the values of the majority is now the defining feature of American "Democracy..." we must remember our role in tricking Americans to think that this is desirable in spite of their own democratically expressed values being trashed. As a secular republic the United States might as well be officially atheist, religious people are now all bigots and will soon be treated with the same contempt that kluckers were in recent times..... The most important thing is that any source of moral authority besides the state be absolutely crushed.

  4. In my recent article in Indiana Lawyer, I noted that grass roots marketing -- reaching out and touching people -- is still one of the best forms of advertising today. It's often forgotten in the midst of all of today's "newer wave" marketing techniques. Shaking hands and kissing babies is what politicians have done for year and it still works. These are perfect examples of building goodwill. Kudos to these firms. Make "grass roots" an essential part of your marketing plan. Jon Quick QPRmarketing.com

  5. Hi, Who can I speak to regarding advertising today? Thanks, Gary

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