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Opinions July 14, 2014

July 14, 2014
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7th Circuit Court of Appeals
Center for Inquiry, Inc., and Reba Boyd Wooden v. Marion Circuit Court Clerk and Marion County Prosecutor
12-3751
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Reverses the denial of an injunction to prevent the state from enforcing the marriage solemnization statute. Rules Indiana’s statute that prohibits officials of secular groups such as humanist societies from solemnizing marriages violates the First Amendment and the 14th Amendment’s Equal Protection Clause. Also remands with instructions to issue an injunction allowing certified secular humanist celebrants to solemnize marriages in Indiana. If the state amends its statute to allow notaries to perform marriages, the 7th Circuit held the District Court should be receptive to a motion to modify the injunction.


Indiana Court of Appeals
Terry Banks v. Denny Jamison, d/b/a, Automotive Hammerart
49A02-1304-PL-362
Civil plenary. Affirms in part, reverses in part and remands. Majority affirms summary judgment in favor of Jamison on Banks’ claims of civil theft and conversion, but holds Banks may proceed with a claim against Jamison under the Deceptive Consumers Sales Act. Finds a mechanic’s lien perfected by Jamison was invalid because Banks was not served notice. Judge Rudolph R. Pyle III concurs in part and dissents in part, agreeing with the majority but holding that Banks should have a day in court to press his civil theft and conversion claims.

Henry L. Shell, Jr. v. State of Indiana (NFP)
52A02-1307-CR-598
Criminal. Affirms aggregate 21-year sentence and convictions of Class B felony neglect of a dependent, Class D felony battery and Class A misdemeanor resisting law enforcement.


Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Monday.

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  1. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

  2. The Indiana DOE released the 2015-2016 school grades in Dec 2016 and my local elementary school is a "C" grade school. Look at the MCCSC boundary maps and how all of the most affluent neighborhoods have the best performance. It is no surprise that obtaining residency in the "A" school boundaries cost 1.5 to 3 times as much. As a parent I should have more options than my "C" school without needing to pay the premium to live in the affluent parts of town. If the charter were authorized by a non-religious school the plaintiffs would still be against it because it would still be taking per-pupil money from them. They are hiding behind the guise of religion as a basis for their argument when this is clearly all about money and nothing else.

  3. This is a horrible headline. The article is about challenging the ability of Grace College to serve as an authorizer. 7 Oaks is not a religiously affiliated school

  4. Congratulations to Judge Carmichael for making it to the final three! She is an outstanding Judge and the people of Indiana will benefit tremendously if/when she is chosen.

  5. The headline change to from "religious" to "religious-affiliated" is still inaccurate and terribly misleading.

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