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Opinions Aug. 8, 2014

August 8, 2014
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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.


 

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  1. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  2. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  3. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  4. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  5. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

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