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Opinions Oct. 6, 2011

October 6, 2011
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7th Circuit Court of Appeals had posted no opinions from Indiana courts at IL deadline.

Indiana Supreme Court
Putnam County Sheriff v. Pamela Price
60S01-1012-CV-665
Civil. Reverses trial court’s denial of the Putnam County Sheriff’s motion to dismiss Price’s negligence action for failure to state a claim. A county sheriff’s department that neither owns, maintains or controls a county road does not owe a common law duty to warn the public of known hazardous conditions upon the roadway. Justices David and Dickson concur in result.

Indiana Court of Appeals
Catherine A. Littleton v. State of Indiana
49A04-1101-CR-25
Criminal. Reverses denial of Littleton’s motion to dismiss charges of Class C felony criminal confinement, Class D felony neglect of a dependent, and Class B misdemeanor battery. Remands for dismissal of the charges. Littleton’s conduct comes within the scope of her statutory qualified immunity as a teacher managing a classroom, and the trial court abused its discretion in denying her motion to dismiss.

In Re Petition in Opposition to Annexation Ordinance F-2008-15 v. The City of Evansville
82A05-1102-PL-84
Civil plenary. Affirms the denial of the remonstrators’ motion to correct error and the dismissal of their challenge to the proposed annexation of certain parcels of land by the city of Evansville. The appellate court can’t grant the remonstrators any effective relief because they failed to request a stay or file a notice of appeal before the annexation became effective, and their challenges are now moot.

Andrew Kesling v. Dorothy Kesling, Adam Kesling and Emily Kesling
46A03-1103-DR-77
Domestic relation. Reverses judgment approving an arbitrator’s award that required Andrew Kesling to make a shareholder distribution from funds of a closely held corporation as requested by siblings Emily and Adam Kesling after they intervened in the dissolution of Andrew’s marriage to Dorothy Kesling. Andrew was entitled to request a jury and could not be compelled to submit to arbitration under the auspice of the Family Law Arbitration Act. The arbitrator exceeded the scope of her authority.

Anthony J. Sims v. State of Indiana (NFP)
84A01-1102-CR-80
Criminal. Affirms sentence for Class B felony rape and remands with instructions to vacate the conviction of and sentence for Class C felony incest.

Adam L. Shull v. Mari E. Shull (NFP)
43A03-1103-DR-104
Domestic relation. Affirms distribution of marital property.

In Re the Paternity of R.T.; A.G., et al. v. C.T. (NFP)
34A04-1012-JP-792
Juvenile. Affirms order granting father C.T.’s petition to relocate R.T. to Kentucky and denying mother A.G.’s motion to modify custody.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. 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.

  2. 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!

  3. If our State Government would sue for their rights to grow HEMP like Kentucky did we would not have these issues. AND for your INFORMATION many medical items are also made from HEMP. FOOD, FUEL,FIBER,TEXTILES and MEDICINE are all uses for this plant. South Bend was built on Hemp. Our states antiquated fear of cannabis is embarrassing on the world stage. We really need to lead the way rather than follow. Some day.. we will have freedom in Indiana. And I for one will continue to educate the good folks of this state to the beauty and wonder of this magnificent plant.

  4. Put aside all the marijuana concerns, we are talking about food and fiber uses here. The federal impediments to hemp cultivation are totally ridiculous. Preposterous. Biggest hemp cultivators are China and Europe. We get most of ours from Canada. Hemp is as versatile as any crop ever including corn and soy. It's good the governor laid the way for this, regrettable the buffoons in DC stand in the way. A statutory relic of the failed "war on drugs"

  5. Cannabis is GOOD for our PEOPLE and GOOD for our STATE... 78% would like to see legal access to the product line for better Hoosier Heath. There is a 25% drop in PAIN KILLER Overdoses in states where CANNABIS is legal.

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