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Opinions Oct. 28, 2011

October 28, 2011
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Rick Gillespie, Dawn Gillespie and Rick's Towing and Maintenance, LLC v. Frank B. Niles and Kathryn Niles
49A05-1102-CT-70
Civil tort. Affirms denial of the Gillespies’ objection to the Nileses’ request for a pre-trial conference and refusal to dismiss the action under Indiana Trial Rule 41(E). Affirms grant of summary judgment for the Niles and denial of summary judgment for the Gillespies. The Gillespies failed to wait the required 15 days before selling Kathryn’s vehicle at auction. The trial court erred by granting summary judgment against the Gillespies individually as the judgment should be against Rick’s Towing only.

R.R.F. v. L.L.F.
69A01-1102-DR-70
Domestic relation. Affirms order on remand apportioning post-secondary educational expenses for the parties’ son between father and mother. The appellate court has subject matter jurisdiction because the order on remand is an appealable final judgment and the dissolution court’s allocation of the benefits of the tax credits as a result of the son’s enrollment in college was not clearly erroneous.

M.L. v. Meridian Services, Inc.
18A02-1103-MH-233
Mental health. Affirms M.L.’s temporary commitment to a state-operated facility for a 90-day period because there is clear and convincing evidence he was dangerous. Reverses the authorization to administer medication because there is insufficient evidence to support it.

Term. of Parent-Child Rel. of E.P. (Minor child) and A.P. and J.P. (Parents); A.P. (Mother) v. Indiana Dept. of Child Services (NFP)
47A01-1101-JT-38
Juvenile. Affirms termination of mother’s parental rights.

Terry Laderson v. State of Indiana (NFP)
49A02-1103-CR-221
Criminal. Affirms sentence following guilty plea to Class A felony burglary and Class A misdemeanor carrying a handgun without a license.

Farrell Haycraft v. State of Indiana (NFP)
31A01-1009-PC-525
Post conviction. Affirms denial of petition for post-conviction relief.

James Traylor v. Beth Traylor (NFP)
29A02-1102-DR-247
Domestic relation. Affirms finding James Traylor was in contempt and the stayed $6,500 portion of the fine and the attorney fee award were proper sanctions. Reverses first $6,500 portion of the fine because it was improper. Remands for that portion to be vacated.

Weida Levee, LLC v. Doug Brooks and Regina Brooks (NFP)
79A05-1012-CT-739
Civil tort. Affirms order in favor of the Brookses in a case involving a lease of commercial space.

Blease White, Jr. v. State of Indiana (NFP)
20A03-1101-PC-16
Post conviction. Affirms denial of petition for post-conviction relief.

Buzz Taylor v. State of Indiana (NFP)
52A05-1104-PC-183
Post conviction. Affirms denial of petition for post-conviction relief.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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