ILNews

Opinions Sept. 1, 2010

September 1, 2010
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Indiana Supreme Court

Suzanne Eads and James Atterhold, Commissioner of the Indiana Department of Insurance v. Community Hospital
No. 45S03-1001-CV-33
Civil. Rules general negligence claims filed with the Indiana Department of Insurance can continue an action already filed in state court relating to medical malpractice issues.

Indiana Court of Appeals
Paul E. Armstrong, Jr. v. State of Indiana
38A02-1002-PC-137
Post conviction. Affirms denial of petition for post-conviction relief.  The post-conviction court did not err by finding that Armstrong received effective assistance of counsel; Armstrong’s plea of guilty was voluntary; the state established a sufficient factual basis; and any error that stemmed from Armstrong not being represented by counsel at the sentencing hearing is harmless beyond a reasonable doubt.

Mickey Sloan v. Town Council of the Town of Patoka
26A01-0910-CV-506
Civil. Reverses decision in favor of the town council, denying Sloan’s claim of inverse condemnation of a certain part of his real estate by the town of Patoka. The Town of Patoka’s use of Sloan’s property as a roadway without prior compensation being paid to Sloan or his predecessor in title constitutes a “taking” under an inverse condemnation theory. Remands for further proceedings.

Stuart A. Clampitt v. State of Indiana
54A01-1002-CR-64
Criminal. Reverses order denying Clampitt’s motion to remove his status as a sexually violent predator. The Montgomery Circuit Court had jurisdiction to rule on his motion. Remands with instructions.

Alrita Morehead v. Duane Deitrich
09A04-1003-CT-172
Civil Tort. Affirms summary judgment for Deitrich in Morehead’s suit after she was bit by a dog that was living in a home Deitrich rented. The undisputed facts are that Deitrich was neither the owner nor the keeper of his tenants’ dog. Thus, as a matter of law, he had no duty to confine or restrain the dog.

Nathan R. Cook v. State of Indiana (NFP)
49A02-1001-CR-36
Criminal. Affirms sentence for Class D felony domestic battery and Class A misdemeanor domestic battery.

Kenneth W. Rhymer, Jr. v. State of Indiana (NFP)

21A01-1004-CR-174
Criminal. Affirms probation revocation.

Robert Browning v. State of Indiana (NFP)
82A05-1002-CR-122
Criminal. Affirms conviction of operating a motor vehicle while intoxicated as a Class C misdemeanor.

James N. Hamilton v. State of Indiana (NFP)
89A01-1001-CR-29
Criminal. Affirms conviction of and sentence for receiving stolen property as a Class D felony.

Indiana Tax Court had posted no opinions at IL deadline.

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  3. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  4. I agree. My husband has almost the exact same situation. Age states and all.

  5. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

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