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Opinions Sept. 8, 2011

September 8, 2011
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7th Circuit Court of Appeals had posted no opinions from Indiana courts at IL deadline.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Cathy Minix, et al. v. Sheriff Frank Canarecci, Jr., et al.
71A04-1009-CT-591
Civil tort. Reverses summary judgment in favor of Canarecci on Minix’s wrongful death claim and affirms denial of the medical providers’ motion for summary judgment in Minix’s wrongful death claim and medical malpractice claim. Minix’s Child Wrongful Death Statute claim against the sheriff isn’t barred by the doctrine of res judicata, and an award of damages on both the federal and state claims at issue won’t result in double recovery.

John A. Bailey v. State of Indiana (NFP)
82A01-1102-CR-71
Criminal. Affirms conviction of Class B felony dealing in methamphetamine.

Robert A. Johnson v. State of Indiana (NFP)
71A03-1012-CR-672
Criminal. Affirms convictions of Class A misdemeanor resisting law enforcement and Class D felony possession of marijuana. Affirms determination Johnson violated his probation in a separate cause.

Gerald Clark v. State of Indiana (NFP)
84A01-1010-CR-527
Criminal. Affirms convictions of and sentence for Class A felony possession of cocaine with intent to deliver and Class A misdemeanor possession of marijuana.

Jason Clark v. State of Indiana (NFP)
49A02-1102-CR-61
Criminal. Affirms conviction of Class A misdemeanor battery.

Robert Johnson v. State of Indiana (NFP)
49A02-1010-PC-1242
Post conviction. Affirms denial of petition for post-conviction relief.

In Re the Marriage of: Samuel D. Gray v. Angel Gray (NFP)
33A05-1102-DR-89
Domestic relation. Reverses order as it pertains to finding Samuel Gray in contempt and instructs the amount paid by him to Angel Gray’s attorney be credited toward the money judgment balance. Affirms order that modified Samuel’s child support obligation and that he pay uninsured orthodontic expenses and certain college expenses.

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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