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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. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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  3. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

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