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   State Courts - Indiana - August 9 - August 14, 2007

  
Christopher R. Brown, DDS, Inc. v. Decatur County Mem. Hosp., No. 93A02-0703-EX-236, COURT OF APPEALS OF INDIANA, August 9, 2007, Decided, August 9, 2007, Filed
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Overview: A dental office that provided medical services to an employee in a worker's compensation case was not entitled to prejudgment interest after it was belatedly paid for its services. There was no provision for such interest in the Worker's Compensation Act, and the court could not read such a provision into the Act.

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Gray v. State, No. 49A04-0609-CR-518, COURT OF APPEALS OF INDIANA, August 10, 2007, Decided, August 10, 2007, Filed
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Overview: The trial court did not err under Ind. R.P. Post-Conviction Remedies 1, § 10(b) in imposing consecutive sentences. "More severe penalty" in the rule referred to the aggregate sentence, not its component parts, and the sentence here was five years less than the sentence imposed following defendant's first trial.

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Smith v. Ind. Dep't of Corr., No. 46A03-0607-CV-327, COURT OF APPEALS OF INDIANA, August 10, 2007, Decided, August 10, 2007, Filed
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Overview: The Department of Corrections was properly granted judgment on the pleadings on an inmate's claims under Ind. Const. art. I, §§ 15 and 16 resulting from an incident where he was sprayed by mace by officers extracting him from a flooded cell. Defendants' actions did not rise to the level of physical abuse and were not purposeless or needless.

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In re Carlock, Supreme Court Cause No. 30S00-0706-DI-258, SUPREME COURT OF INDIANA, August 13, 2007, Decided, August 13, 2007, Filed
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Overview: Attorney was suspended pendente lite from the practice of law in Indiana under Ind. R. Admis. Bar & Disc. Att'ys 23(11.1)(a) as he had been found guilty of perjury and forgery, which were both felonies. His Affidavit of Resignation did not comply with the requirements of Rule 23(17)(a), and was rejected.

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In re Eley, Supreme Court Cause No. 49S00-0704-DI-157, SUPREME COURT OF INDIANA, August 13, 2007, Decided, August 13, 2007, Filed
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In re Hurst, Supreme Court Cause No. 48S00-0605-DI-162, SUPREME COURT OF INDIANA, August 13, 2007, Decided, August 13, 2007, Filed
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Overview: When an attorney violated Ind. R. Prof. Conduct 8.4(b) by assaulting his wife, an act for which he took responsibility by pleading guilty and by consenting to discipline, he was publicly reprimanded, as he was no longer practicing law and a suspension would be of no practical effect.

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In re Nehrig, Supreme Court Cause No. 29S00-0704-DI-168, SUPREME COURT OF INDIANA, August 13, 2007, Decided, August 13, 2007, Filed
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In re Johnson, Supreme Court Cause No. 64S00-0705-DI-198, SUPREME COURT OF INDIANA, August 14, 2007, Decided, August 14, 2007, Filed
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Johnson v. Patriotic Fireworks, Inc., No. 49A02-0608-CV-632, COURT OF APPEALS OF INDIANA, August 14, 2007, Decided, August 14, 2007, Filed
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Overview: The trial court lacked subject matter jurisdiction over an action in which fireworks wholesalers challenged the Fire Marshall's determination that under Ind. Code § 22-11-14-5, they had to obtain separate certificates of compliance for each location in which they operated. The wholesalers had not pursued administrative remedies before filing suit.

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