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Opinions Oct. 22, 2013

October 22, 2013
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7th Circuit Court of Appeals
Billy Julian v. Sam Hanna, et. al.
1:11-CV-01536
Criminal. Reverses District Court grant of summary judgment to defendant parties in a malicious prosecution case and remands for further proceedings, holding that Billy Julian’s claim was improperly dismissed as untimely. The panel held that the two-year window for the claim did not begin until November 2010, when charges against him were dismissed, and therefore filing of the claim in July 2011 was timely.

Indiana Court of Appeals
Allen County Public Library v. Shambaugh & Son, L.P., Hamilton Hunter Builders, Inc., W.A. Sheets & Sons, Inc., and MSKTD & Associates, Inc.
02A04-1302-PL-78
Civil plenary. Reverses a trial court grant of summary judgment in favor of Shambaugh & Son and other defendants and remands for further proceedings. The court concluded that a subrogation agreement in a contract for renovations of the main library branch in Fort Wayne does not preclude the library from seeking to recover pollution cleanup costs related to a diesel spill on neighboring properties that the library argues was caused by a contractor rupturing a basement fuel line connected to a generator.

Jeffrey Robinson v. State of Indiana (NFP)
49A02-1301-CR-6
Criminal. Affirms trial court’s denial of motion to suppress a search of Jeffrey Robinson’s underwear that turned up marijuana.

Tony Kimble v. State of Indiana (NFP)
49A02-1303-CR-268
Criminal. Affirms conviction of Class A misdemeanor possession of marijuana.

Gabriel McCreary v. Connersville Storage and Miniwarehousing (NFP)
21A01-1212-CC-554
Collections. Affirms trial court award of damages and attorney fees to Gabriel McCreary.

James W. Johnston v. Diana Johnston (NFP)
49A02-1302-DR-142
Domestic relations. Affirms trial court rulings concerning child support and various rulings leading to the court’s conclusions.

Brian K. Moore v. State of Indiana (NFP)
73A01-1301-CR-40
Criminal. Affirms revocation of probation.

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

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  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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