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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. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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