Opinions Jan. 5, 2015

January 5, 2015
7th Circuit Court of Appeals
State Farm Life Insurance Co. v. Troy Jonas et al.
Civil tort. Vacates judgment of District Court and remands with instructions to dismiss for lack of subject-matter jurisdiction. Finds no justiciable controversy existed when Jonas filed his lawsuit against State Farm. Concluded that the disputes about the rate of interest and whether the insurance company must pay the attorney fees that Jonas has incurred in this litigation do not retroactively create jurisdiction.

Opinions Dec. 31, 2014

December 31, 2014
Indiana Court Appeals
Alfredo D. Rodriguez, as Permanent Guardian of the Person and Estate of Miriam Rodriguez, and Alfredo D. Rodriguez, Individually v. United States Steel Corporation
Civil tort. Affirms summary judgment in favor of U.S. Steel on Alfredo Rodriguez’s negligence claim. Miriam Rodriguez was injured in an auto accident caused by an employee of U.S. Steel as he drove home from work. U.S. Steel did not owe Miriam Rodriguez a duty of reasonable care.

Opinions Dec. 30, 2014

December 30, 2014
Indiana Court of Appeals
Jeffrey Hewitt v. Westfield Washington School Corp; Board of School Trusties of Westfield Washington School Corp. et al.
Civil plenary. Reverses grant of summary judgment in favor of Westfield Washington School Corp. and related defendants, holding they had not met the onerous burden of showing there are no issues of material fact entitling them to judgment as a matter of law. Hewitt, a former school principal, was fired for a sexual relationship with a teacher he supervised. He then sued the school system for breach of contract and denial of due process. His suit is remanded for further proceedings.

Opinions Dec. 29, 2014

December 29, 2014
Indiana Court of Appeals
Charles P. White v. State of Indiana

Post conviction. Affirms White’s convictions for perjury, voting in the wrong precinct and theft. Finds White was convicted twice for the same actions in violation of double jeopardy. Reverses White’s other convictions for perjury and voting in the wrong precinct as well as another perjury conviction for putting the wrong address on his marriage license application. Remands with instructions that the trial court vacate those three convictions. Concludes White’s attorney, Carl Brizzi, was not ineffective. Holds White’s sentence to one-year of home detention remains.

Opinions Dec. 24, 2014

December 24, 2014
Indiana Court of Appeals
Lloyd G. Perry v. Anonymous Physican 1, Alias Medical Group 1, Inc., Anonymous Physican 2, et al.
Civil Tort. Affirms summary judgment in favor of healthcare providers. Finds Perry did not submit expert testimony as required by court rules to support his medical malpractice claim.  

Opinions Dec. 23, 2014

December 23, 2014
Indiana Supreme Court
In Re the Adoption of B.C.H.
Adoption. Vacates the trial court’s decision to grant stepfather’s petition to adopt B.C.H. and remands for a hearing on the child’s best interests in the adoption and other proceedings consistent with this opinion. At this hearing, the grandparents, who had primary custody of B.C.H. for the first four years of her life, shall be given the opportunity to give or withhold consent to the child’s adoption. They were not served with legal notice of the adoption.

Opinions Dec. 22, 2014

December 22, 2014
7th Circuit Court of Appeals
United States of America v. Milford J. Clark
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms conviction for bank robbery. Clark was not deprived of his Sixth Amendment right to proceed pro se. Any errors in admission of evidence were harmless since Clark met the physical description of the robber and his DNA was found at the bank.

Opinions Dec. 19, 2014

December 19, 2014
Indiana Court of Appeals
Christopher Duncan v. State of Indiana
Criminal. Reverses conviction of identity deception because the state did not prove that the name and birth date Duncan falsely gave to police belonged to a real person. Remands with instructions to vacate that conviction and sentence as well as the conviction and sentence for Class D felony pointing a firearm because of double jeopardy principles. Also remands for the court to reduce his resisting law enforcement conviction to a Class A misdemeanor due to double jeopardy principles.

Opinions Dec. 18, 2014

December 18, 2014
Indiana Supreme Court
Rodregus Morgan v. State of Indiana
Criminal. Vacates conviction of Class B misdemeanor public intoxication as the requirements for conviction under Indiana’s public intoxication statute have not been met. An objective reasonable person standard should be read into Indiana’s public intoxication statute when applying the term “annoys.” Under that reading, the statute is not unconstitutionally vague.

Opinions Dec. 17, 2014

December 17, 2014
Indiana Supreme Court
Shawn Blount v. State of Indiana
Criminal. Affirms conviction of being a serious violent felon in possession of a firearm. A detective’s testimony that a witness identified Blount as the suspect was inadmissible hearsay, but it was a harmless error. There was no variance between the charging information and the evidence presented at trial.

Opinions Dec. 16, 2014

December 16, 2014
Indiana Supreme Court
Mark Rolley v. Melissa Rolley
Domestic relation. Affirms modification of child support order. Rules in a per curiam decision that ruling by Indiana Court of Appeals that an order of child support could be modified either because a substantial and continuing change in circumstances or, after 12 months, a 20 percent deviation.

Opinions Dec. 15, 2014

December 15, 2014
Indiana Court of Appeals
Goodrich Quality Theaters, Inc. and Roncelli, Inc. v. Fostcorp Heating and Cooling, Inc., Wilson Iron Works, Inc., et. al.
Civil plenary. Reaffirms previous ruling by the Indiana Court of Appeals that the trial court erred in awarding attorney fees to Fostcorp Heating and Cooling, Wilson Iron Works and Johnson Carpet. Since the general contractor, Roncelli Inc., was not the property owner, it is not liable for payment of attorney fees. Judge Patricia Riley voted to deny rehearing.

Opinions Dec. 12, 2014

December 12, 2014
Indiana Court of Appeals
Central Mutual Insurance Company v. Motorists Mutual Insurance Company
Civil tort. Affirms on interlocutory appeal the trial court order denying Central’s motion for partial summary judgment and granting Motorists’ motion for partial summary judgment. The trial court did not err in finding that Central provided primary coverage to a truck driver injured in a crash and that the Motorists policy provided excess coverage only when the limits of the Central policy had been reached.

Opinions Dec. 11, 2014

December 11, 2014
7th Circuit Court of Appeals
Kevin L. Harold v. Christopher C. Steel and Peters & Steel LLC
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Affirms dismissal of Harold’s lawsuit under the Fair Debt Collection Practices Act, contending Steel and his law firm had violated 15 U.S.C. Section 1692e by making false statements. Harold sought to challenge a garnishment order entered in state court. The Rooker-Feldmen doctrine bars his lawsuit.

Opinions Dec. 10, 2014

December 10, 2014
7th Circuit Court of Appeal
Robert D. DeLee v. City of Plymouth, Indiana
U.S. District Court, Northern District of Indiana, Judge James T. Moody.
Civil. Reverses summary judgment in favor of the city on police officer DeLee’s lawsuit that he is entitled to his full longevity payment from the city for the year he served in the U.S. Air Force Reserves for eight months. Plymouth’s longevity benefit is more appropriately characterized as a reward for lengthy service rather than as compensation for work performed the preceding year, so the Uniformed Services Employment and Reemployment Rights Act guarantees DeLee a fully longevity payment for his 12th year of employment. Remands for further proceedings.

Opinions Oct. 9, 2014

December 9, 2014
Indiana Court of Appeals
Kolyann Williams v. State of Indiana
Criminal. Reverses conviction of Class A misdemeanor marijuana possession stemming from a traffic stop. Concludes the officer did not have a reasonable suspicion to believe that Williams had committed an infraction that supported stopping his car.

Opinions Dec. 8, 2014

December 8, 2014
Indiana Court of Appeals
Randal L. Young v. Indiana Department of Correction, Bruce Lemmon, David J. Donahue, Stanley Knight, et al.
Miscellaneous. Affirms the DOC’s policy concerning the restoration of credit time for inmates, which says the credit time sought must be credit time that was deprived during the offender’s current sentence. The policy does not result in disparate treatment and does not unconstitutionally discriminate against offenders who are ordered to serve consecutive sentences.

Opinions Dec. 5, 2014

December 5, 2014
Indiana Supreme Court
In the Matter of the Adoption of Minor Children: J.T.D. and J.S.: Ind. Dept. of Child Services v. N.E.
Adoption. Reverses trial court decision to not transfer cases from the civil division, which includes probate, to the juvenile division, which is where adoptions must be filed based on a local rule. Lake Superior Court’s four statutory divisions are not jurisdictional, and are merely descriptive of venue, so there is no conflict between the statute and the caseload allocation plan. Remands with instructions.

Opinions Dec. 4, 2014

December 4, 2014
Indiana Supreme Court
In Re: The Carroll County 2013 Tax Sale: Twin Lakes Regional Sewer District v. Richard C. Ray and Patricia A. Alford, et al.
Miscellaneous. The lien foreclosure prohibition of Indiana Code 13-26-14-4, governing the collection of regional sewer district sewer liens, does not apply to collection by tax sale. Here, because the sewer district employed the tax sale method and did not seek collection of the appellees' unpaid sewer bills and penalties through the lien foreclosure method, the lien foreclosure prohibition clause does not apply. The judgment of the trial court removing the Ray and Alford properties from the tax sale list is reversed, and this cause is remanded for further proceedings consistent with this opinion.

Opinions Dec. 3, 2014

December 3, 2014
Indiana Court of Appeals
S.L. v. State of Indiana (NFP)
Juvenile. Affirms adjudication as a delinquent child for committing what would be Class C felony child molesting if committed by an adult.


Opinions Dec. 2, 2014

December 2, 2014
7th Circuit Court of Appeals
Emily Herx v. Diocese of Fort Wayne – South Bend, Inc. and St. Vincent de Paul School
U.S. District Court, Northern District of Indiana, Fort Wayne Division.
Judge Robert Miller Jr.
Civil. Grants Emily Herx’s motion to dismiss for lack of appellate jurisdiction. Rejects the argument from the diocese for a collateral-order review, finding the church’s interest will not be irreparably harmed by waiting for the District Court to issue a final judgment.

Opinions Dec. 1, 2014

December 1, 2014
7th Circuit Court of Appeals
United States of America v. William Boswell
Appeals from the U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Criminal. Affirms conviction and 235-month sentence for being a felon in possession of a firearm in violation of the Armed Career Criminal Act. The admission of evidence that Boswell had a gun tattoo on his neck was not an abuse of discretion because it served to impeach his testimony, and the sentence under the ACCA did not have to be alleged in the indictment.

Opinions Nov. 26, 2014

November 26, 2014
Indiana Court of Appeals
Crystal Valley Sales Inc., Charles Kline, and Nancy Kline v. Jonathan Anderson, National Sales Company Inc., Rodger Anderson, Camco Manufacturing, and Norm Geible
Civil Plenary. Affirmed trial court’s dismissal of civil conspiracy claims against National Sales Company Inc., Rodger Anderson, Camco Manufacturing Inc. and Norm Geible for failure to state a claim upon which relief can be granted. Finds Crystal Valley did not provide sufficient facts to show that the co-defendants engaged in unlawful actions. Rejects Crystal Valley’s argument that its civil conspiracy count is sufficient by itself to claim the co-defendants helped Jonathan breach his contractual or fiduciary duties.

Opinions Nov. 25, 2014

November 25, 2014

Opinions Nov. 24, 2014

November 24, 2014
Indiana Court of Appeals
Antonio Smith v. State of Indiana
Criminal. Reverses conviction of Class C felony burglary, finding the state knowingly proffered perjured testimony from a witness who had previously pleaded guilty to the break-in of a Dollar General store that Smith also was charged with. The state had a duty to correct perjured testimony and should have joined in the defense’s request for a mistrial. The court referred the case to the Indiana Supreme Court Disciplinary Commission with a caution: “We also note that instances of prosecutorial misbehavior continue to come before us on appeal notwithstanding our admonishments.”
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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.