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Opinions Oct. 25, 2010

October 25, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Alesa Pack v. Indiana Family and Social Services Administration
89A05-1004-PL-240
Civil plenary. Reverses denial of Medicaid benefits. The administrative law judge’s decision is defective for failing to consider the totality of the evidence provided and in its presentation of and engagement with the findings of basic fact when applying the law to reach a finding of ultimate fact that Pack’s health conditions didn’t substantially impair her ability to work. Remands to the ALJ for further proceedings.

Tyree L. Thomas v. State of Indiana (NFP)
49A02-1002-CR-173
Criminal. Affirms order Thomas serve the remainder of his sentence incarcerated after violating his probation.

Willie Ferrell v. State of Indiana (NFP)
49A02-1004-PC-514
Post conviction. Affirms denial of petition for post-conviction relief.

Parr Richey Obremskey & Morton and Kent M. Frandsen v. Biomet, Inc. (NFP)
43A03-1002-CT-70
Civil tort. Affirms entry of partial summary judgment on duty and breach on Biomet’s complaint for legal malpractice and remands for a trial concerning proximate cause and damages.

Duward T. Roby v. State of Indiana (NFP)
10A01-0910-CR-492
Criminal. Remands with orders to vacate three of Roby’s Class B felony robbery convictions and sentences, and to revise his sentence so the habitual offender finding enhances the sentence for his remaining Class B felony robbery conviction.

Runningman, LLC, v. The Nagsak Company of West Lafayette, Inc., Joshua Nagy and Robert Sak (NFP)
18A02-1003-PL-383
Civil plenary. Affirms dismissal of Runningman’s complaint against The Nagsak Company of West Lafayette, Nagy, and Sak for breach of contract, fraudulent inducement, and violation of the Indiana Franchise Disclosure Act.

David L. Lind and Edward D. Deters v. New Albany Floyd County Dept. of Parks and Recreation (NFP)
22A01-1002-PL-94
Civil plenary. Affirms the use of eminent domain for some of Lind and Deters’ lands for a public park.

Halifax Financial Group, LP v. Capital Imp. Bd. of Mgrs. of Marion Co. and Marion Co. Convention and Recreational Facilities Authority (NFP)
49A02-0912-CV-1291
Civil plenary. Affirms summary judgment for the Capital Improvement Board and the Marion County Convention and Recreational Facilities Authority in Halifax’s suit to recover possession of real estate, removing them from the land, and order the removal of a parking garage built on the land.

S.H.P. v. S.P. (NFP)
49A02-1005-DR-680
Domestic relation. Affirms grant of custody to father S.P.

Rodrigo Medrano, Jr., v. State of Indiana (NFP)
79A05-0912-CR-686
Criminal. Affirms convictions of carrying a handgun while having a prior felony conviction as a Class C felony and possession of marijuana while having a prior conviction as a Class D felony.

The Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court granted 6 transfers and denied 26 for the week ending Oct. 22.
 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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