Thursday, June 07, 2012
Ind. Decisions - Court of Appeals issues 2 today (and 1 NFP)
For publication opinions today (2):
In A.R.M. v. State of Indiana, an 11-page opinion, Judge Najam writes:
A.R.M. appeals his adjudication as a delinquent child for committing child molesting, as a Class C felony when committed by an adult, and battery, as a Class B misdemeanor when committed by an adult. A.R.M. presents a single issue on appeal, namely, whether the juvenile court admitted a videotape of an interview with the victim contrary to the provisions of Indiana Code Section 35-37-46-6, the Protected Person Statute (“PPS”). We hold that the juvenile court did not err when it determined that the child victim’s videotaped statement to a forensic interviewer was reliable and that, on the facts presented, the child victim had testified at the fact-finding hearing, which was equivalent to the trial required by the PPS. We affirm. * * *In TDM Farms, Inc. of North Carolina and Dale Johnson v. Wilhoite Family Farm, LLC, a 23-page opinion, Judge Najam writes:
In sum, A.R.M. has not shown that the juvenile court abused its discretion when it determined that S.M.’s videotaped statement to the CASIE Center interviewer was reliable. And S.M. testified at the fact-finding hearing. The requirements under the PPS for admission of S.M.’s videotaped statement at the CASIE Center were satisfied. Therefore, A.R.M. has not shown that the trial court abused its discretion when it admitted S.M.’s videotaped statement under the PPS, and we affirm the adjudication that A.R.M. is a juvenile delinquent for having committed the offenses of child molesting, as a Class C felony, and battery, as a Class B misdemeanor.
TDM Farms, Inc. of North Carolina and Dale Johnson (collectively, “TDM”) bring this interlocutory appeal from the trial court’s denial of their motion for summary judgment against Wilhoite Family Farm, LLC (“Wilhoite”). Wilhoite had filed suit against TDM alleging nuisance, negligence, and trespass after TDM intentionally introduced a highly contagious virus—the Porcine Reproductive and Respiratory Syndrome (“PRRS”)—to its hog farm, which then spread to Wilhoite’s neighboring hog farm and caused significant loss. On appeal, TDM contends that summary judgment is appropriate because Wilhoite’s claims are either preempted by the federal Virus-Serum Toxin Act (“the VSTA”), 21 U.S.C. §§ 151-159, or they are barred by Indiana’s Right to Farm Act, Ind. Code § 32-30-6-9.For background on this TDM Farms case, see this ILB entry from Feb. 20, 2011.
We hold that Wilhoite’s claims are outside the scope of the VSTA and corresponding federal regulations. We also hold that the Right to Farm Act does not apply on these facts. Thus, we affirm the trial court’s denial of summary judgment. * * *
In sum, we hold that Wilhoite’s three claims are directed only against TDM’s alleged misuse of an otherwise lawful serum. As the trial court stated, those claims are “not really about the serum at all.” Appellant’s App. at 15. As such, those claims are outside the scope of the federal jurisdiction and are properly before the trial court. We also hold that Indiana’s Right to Farm Act does not apply on these facts between farming operations. Thus, we affirm the trial court’s denial of summary judgment. [ILB emphasis]
See also this June 7th post on the TDM Farms opinion from Masson's Blog.
NFP civil opinions today (1):
NFP criminal opinions today (0):
Posted by Marcia Oddi on June 7, 2012 01:50 PM
Posted to Ind. App.Ct. Decisions