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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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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