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Opinions June 10, 2014

June 10, 2014
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7th Circuit Court of Appeals
Eric Grandberry v. Brian Smith, superintendent, Plainfield Correctional Facility
12-2081
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge William T. Lawrence.
Civil. Reverses discipline and revocation of 30 days of Grandberry’s good-time credits for unauthorized use of an electronic device. Remands with instructions to issue a writ of habeas corpus restoring Grandberry’s good-time credits. Library staff asked him to use the computer to fill out forms that he was not supposed to complete as head inmate law clerk.

Indiana Court of Appeals
Lora Hoagland v. Franklin Township Community School Corporation
49A02-1301-PL-44
Civil plenary. Affirms in part and reverses in part. Affirm the trial court’s conclusion that Hoagland is not entitled to legal relief, as there is no right of action for monetary damages under the Indiana Constitution. Concludes that the Indiana Tort Claims Act does not apply to Hoagland’s state constitutional claim, and reverses the trial court on that ground. Also concludes that Franklin Township acted unconstitutionally by discontinuing student transportation to and from school and by later contracting with
CIESC to provide that transportation for a yearly fee, and Hoagland is entitled to declaratory judgment. Remands with instructions.

West Bend Mutual Insurance Company and K.B. Electric, LLC v. MacDougal Pierce Construction, Inc., Amerisure Insurance Company, et al.
06A01-1304-CT-162
Civil tort. Affirms trial court judgment in all respects. Concludes that the trial court correctly granted summary judgment in favor of Amerisure and MacDougall. The parties’ rights and liabilities to each other were outlined contractually by the terms of indemnification. Once that determination was made, then the insurance coverage issues could be resolved. Thus, the trial court’s decision on indemnification was not premature, but in fact, necessary to prevent the hazards of circular litigation. The subcontract explicitly referred to the prime contract and other documents, incorporating their terms into the subcontract. That K.B. Electric obtained umbrella coverage from West Bend further evinces the understanding that K.B. Electric was required to do just that.

Kevin M. Barber v. State of Indiana (NFP)
53A01-1310-CR-464
Criminal. Affirms denial of motion to correct erroneous sentence.

Latoya C. Lee v. State of Indiana (NFP)
49A02-1310-CR-867
Criminal. Affirms conviction and sentence for Class B felony attempted aggravated battery but remands with instructions to correct error in the abstract of judgment.

Robert F. Petty v. State of Indiana (NFP)
72A05-1310-CR-538
Criminal. Affirms conviction of Class B felony unlawful possession of a firearm by a serious violent felon.

Michael A. Riley v. Oscar and Linda Sandlin (NFP)
32A01-1310-PL-453
Civil plenary. Affirms judgment in favor of the Sandlins on Riley’s action alleging conversion.

Ted Mueller, Jr. v. State of Indiana (NFP)
82A05-1305-CR-240
Criminal. Affirms convictions of murder and Class C felony conspiracy to commit robbery.

Dwayne Anderson v. State of Indiana (NFP)
49A04-1309-CR-468
Criminal. Affirms conviction of possession of marijuana as a Class A misdemeanor.

Brandon Kincheloe v. State of Indiana (NFP)
03A05-1312-CR-640
Criminal. Dismisses appeal filed after Kincheloe’s probation was revoked.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
 

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  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

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