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Opinions Sept. 29, 2011

September 29, 2011
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7th Circuit Court of Appeals
Cedar Farm, Harrison County Inc. v. Louisville Gas and Electric Co.
10-2234
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge David F. Hamilton.
Civil. Affirms summary judgment for Louisville Gas and Electric on Cedar Farm’s attempt to eject Louisville Gas and Electric from its property and to terminate an oil and gas lease for violations of certain portions of the lease. The lease allows for a damages remedy and Cedar Farm hasn’t show that damages are inadequate to compensate for the harm to its property.

Indiana Supreme Court
In the Matter of Everett E. Powell, II
49S00-0910-DI-426
Discipline. Suspends Powell for at least 120 days without automatic reinstatement for collecting a clearly unreasonable and exploitive fee from a vulnerable client in violation of Indiana Professional Conduct Rule 1.5(a).

Indiana Court of Appeals
N.W. v. Indiana Dept. of Child Services (NFP)
65A01-1101-JT-7
Juvenile. Affirms termination of mother’s parental rights.

Jenna L. Zent, et al. Stallard & Associates, Inc. (NFP)
49A02-1012-PL-1364
Civil plenary. Dismisses Zent’s appeal of summary judgment in favor of Stallard & Associates on Zent’s complaint relating to a landlord-tenant dispute.

B.P. v. State of Indiana (NFP)
49A05-1101-JV-33
Juvenile. Remands with instructions to correct dispositional orders and CCS entries made to reflect B.P.’s adjudication.

Bryan J. Fields v. State of Indiana (NFP)
20A03-1102-CR-101
Criminal. Affirms conviction of Class D felony operating a vehicle while intoxicated.

Indiana Tax Court had posted no opinions at IL deadline.

 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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