ILNews

Opinions Aug. 8, 2014

August 8, 2014
Keywords
Back to TopE-mailPrintBookmark and Share

The follow 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday:
Estate of Edmund M. Carman, deceased, v. Daniel B. Tinkes, et al.
13-3846
U.S. District Court for the Northern District of Indiana, Hammond Division, Magistrate Judge Paul R. Cherry.
Civil. Affirms summary judgment in favor of defendants. Finds even if Tinkes violated Indiana traffic laws which prohibit passing on the right and making unsafe lane changes by pulling into a left turn lane, he did not cause Carman to crash into the rear of his truck. Rules the estate did not prove its second claim that the bumper on Tinkes’ truck caused Carman’s death.

Friday’s opinions
Indiana Court of Appeals
Victor Keeylen v. State of Indiana
49A05-1308-CR-419
Criminal. Affirms on interlocutory appeal the denial of a motion to suppress evidence collected in a home search. Even though the warrantless installation of GPS tracking devices on Keeylen’s vehicles in a narcotics dealing investigation was improper, Keeylen failed to prove police engaged in deliberate falsehood or acted with reckless disregard for the truth by omitting information about the GPS devices on a probable cause affidavit authorizing a home search that led to drug charges.

Geico Insurance Company, as subrogee of Ralph Heitkamp v. Dianna Graham
49A02-1310-CT-898
Civil tort. Affirms order setting aside summary judgment in favor of Geico on grounds that its claim in Marion Superior Court is barred by the doctrine of res judicata because it is derivative of a judgment in St. Joseph County in favor of Graham.  

Jason Keith Scott v. State of Indiana (NFP)
41A01-1311-CR-499
Criminal. Affirms sentence and conviction of Class D felony operating a vehicle while intoxicated.

Samuel Curts v. State of Indiana (NFP)
48A04-1312-CR-615
Criminal. Affirms revocation of probation.

Kimberly Kraemer v. Haulers Insurance Co., Inc., as subrogee of Linda Shanabarger (NFP)
27A05-1311-CT-544
Civil tort. Affirms denial of motion to correct error and request to set aside summary judgment in favor of Haulers Insurance.
 
R.C. v. State of Indiana (NFP)
49A05-1401-JV-24
Juvenile. Affirms delinquent adjudication for committing what would constitute Class A misdemeanor resisting law enforcement if committed by an adult.

In re; the Paternity of BKS, CSS v. RSK (NFP)
45A03-1311-JP-463
Juvenile. Affirms trial court order awarding father R.S.K. custody of daughter B.K.S.

Patrick Palmer Jr. v. Chastity Carse (NFP)
37A04-1312-DR-637
Domestic relation. Affirms denial of Palmer’s petition to modify custody.


 

ADVERTISEMENT

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

ADVERTISEMENT