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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. 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.

  2. 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.

  3. 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.

  4. 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?

  5. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

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