ILNews

Opinions Sept. 19, 2012

September 19, 2012
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7th Circuit Court of Appeals posted no opinions at IL deadline.

Indiana Supreme Court and Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals

Michael Carpenter v. State of Indiana
85A05-1202-CR-57
Criminal. Affirms conviction of Class B felony conspiracy to commit dealing in methamphetamine. The police officers did not violate Carpenter’s Fourth Amendment rights when they entered the house’s curtilage pursuant to an arrest warrant and looked into the bathroom window. The officers also did not violate his rights under the Indiana Constitution.

Columbus Regional Hospital v. Clyde Amburgey, Individually and as Executor of the Estate of Moreen Amburgey
03A01-1110-CT-450
Civil tort. Affirms denial of the hospital’s request for partial summary judgment as it argued that the expiration of the statute of limitations with respect to two doctors foreclosed the suit brought by Amburgey. Genuine issues of material fact exist regarding the claim of apparent agency.

L.H. Controls, Inc. v. Custom Conveyor, Inc.
16A05-1111-PL-606
Civil plenary. Reverses award of lost profit damages to CCI in the amount of $1,144,470 for breach of contract by L.H., the award of $133,328.53 in attorney fees to CCI, award of damages of $82,184.10 for CCI’s chargebacks, and the $5,259.38 set-off for L.H. the trial court allowed against the $82,184.10. Affirms the awards of $7,077 and $928.86 in costs related to CCI’s removal of the mechanic’s lien against Honda plant’s property. Together with the damages L.H. does not challenge on appeal, this will result in a total award to CCI of $112,864.46. Remands for trial court to make necessary corrections to the judgment.

Duane Turner v. State of Indiana
18A05-1112-PC-697
Post conviction. Affirms denial of Turner’s motion for summary disposition and grant of the state’s motion for summary judgment on the constitutionality of Turner’s life sentence without parole. Affirms denial of relief based on ineffective assistance of trial counsel. Concludes Turner met his burden to prove by a preponderance of the evidence that his appellate counsel was ineffective by failing to challenge his Class A felony attempted robbery resulting in serious bodily injury conviction. Remands with instructions to reduce that to a Class B felony robbery conviction.

Lavelle Malone v. Keith Butts and Bruce Lemmon
48A02-1203-MI-228
Miscellaneous. Affirms order granting a motion to dismiss for failure to state a claim filed by Butts and Lemon regarding Malone’s action for mandate. The Department of Correction complied with the requirements of I.C. 11-11-3-9 when it administratively imposed restrictions on Malone’s visits.

Kenneth Kelly v. State of Indiana (NFP)
30A01-1112-PC-612
Post conviction. Affirms denial of petition for post-conviction relief.

Bruce Kevin Pond v. State of Indiana (NFP)
90A05-1202-CR-73
Criminal. Affirms sentence for voluntary manslaughter as a Class A felony.
 

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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. My situation was hopeless me and my husband was on the verge of divorce. I was in a awful state and felt that I was not able to cope with life any longer. I found out about this great spell caster drlawrencespelltemple@hotmail.com and tried him. Well, he did return and now we are doing well again, more than ever before. Thank you so much Drlawrencespelltemple@hotmail.comi will forever be grateful to you Drlawrencespelltemple@hotmail.com

  4. 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.

  5. 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.

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