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Opinions Sept. 23, 2010

September 23, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Commitment of A.L.
49A02-1001-MH-76
Mental health. Affirms order of temporary commitment. Any error in the admission of evidence or consideration of Wishard’s argument as to A.L.’s dangerousness was not a blatant violation of fundamental fairness and didn’t cause substantial and apparent harm to her.

Steven D. Hyche v. State of Indiana
49A02-0911-CR-1154
Criminal. Vacates convictions of felony murder and dealing in a controlled substance. Because the record is devoid of any evidence that Hyche was acting in any capacity other than that of a purchaser of ecstasy, it’s insufficient to support a dealing conviction and therefore a felony murder conviction based on the dealing one.

Freudenberg-Nok General Partnership v. Allison Transmission, Inc. (NFP)
49A04-1003-PL-141
Civil plenary. Affirms preliminary injunction requiring Freudenberg-Nok to continue selling parts to Allison Transmission pursuant to the terms of their contracts.

Michael Deloney v. State of Indiana (NFP)
48A02-1003-CR-281
Criminal. Affirms revocation of probation and execution of a portion of Deloney’s previously suspended sentences.

Anna Galuoppo v. Richard Galuoppo (NFP)
08A02-1002-DR-199
Domestic relation. Affirms order denying Anna’s motion to correct error in the dissolution of her marriage.

Buffy L. Heckler v. Gary L. Heckler and Beverly J. Heckler (NFP)
32A05-1003-DR-217
Domestic relation. Affirms denial of Buffy Heckler’s motion for attorney’s fees and costs.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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