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Opinions Oct. 24, 2013

October 24, 2013
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Indiana Court of Appeals
Gregory Dickens v. State of Indiana
71A03-1304-PC-101
Post conviction. Affirms denial of petition for post-conviction relief seeking new trial for murder of a police officer. Dickens was not entitled to a new trial in light of either newly discovered evidence or an alleged Brady violation. He also did not receive ineffective assistance of trial counsel.

Patricia Terkosky v. Indiana Department of Education
49A02-1212-PL-1000
Civil plenary. Affirms trial court order affirming the decision of the Indiana Department of Education to suspend Terkosky’s teaching license for two years. All of Terkosky’s acts in question involved becoming physical with her students, which were found to have offended generally accepted standards of conduct of teachers and accordingly constituted misconduct in office. The administrative law judge’s conclusion that a two-year suspension was warranted is not contrary to law.

In Re the Marriage of Leora McGee v. Robert McGee
45A04-1301-DR-33
Domestic relation. Reverses grant of petition for dissolution of marriage filed by Robert McGee’s co-guardians. Neither the current Indiana statutes governing dissolution of marriage nor those governing the guardianship of incapacitated persons provide a means for a guardian to file a petition for dissolution of marriage on behalf of his or her ward.

Cannon IV, Inc. v. Matthew Antisdel (NFP)
49A04-1304-PL-171
Civil plenary. Affirms judgment in favor of Antisdel on his breach of contract claim against Cannon IV arising out of an employment agreement between the parties.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by 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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