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Opinions Aug. 28, 2012

August 28, 2012
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7th Circuit Court of Appeals
Angela M. Farrell v. Michael J. Astrue, Commissioner of Social Security
11-3589
Civil. Reverses District Court’s affirmation of the decision to deny disability insurance benefits. The Social Security Administration Appeals Council did not follow its own regulations which require it to consider “new and material evidence.” Also finds the administrative law judge’s residual functional capacity determination is based on an incomplete assessment of the record. Remands for further proceedings.

David Schepers, et al. v. Commissioner, Indiana Department of Correction
11-3834
Criminal/sex offender registry. Reverses and remands to the District Court a grant of summary judgment in favor of the DOC, holding that its new procedures to allow current prisoners to challenge information in their pending listing in the Sex and Violent Offender Registry failed to provide any process for registrants who are not incarcerated.

Indiana Supreme Court and Indiana Tax Court posted no opinions prior to IL deadline.

Indiana Court of Appeals

James T. Mitchell v. 10th and The Bypass, LLC, and Elway, Inc.
53A01-1112-PL-593
Civil plenary. Affirms trial court’s vacation of partial summary judgment in favor of Mitchell, holding that the court properly exercised its discretion when new evidence was tendered during an interlocutory appeal.

Anthony Mark Sewell v. State of Indiana
73A01-1112-CR-609
Criminal. Affirms trial court’s conviction of a Class D felony sex offender residency offense, rejecting ex post facto arguments.

Gunther Kranz and Carol Kranz v. Meyers Subdivision Property Owners Association, Inc.,Christopher Bartoszek, and Indiana Dept. of Natural Resources
75A03-1112-PL-577
Civil plenary/rehearing. Reaffirms its prior ruling, that the Natural Resources Commission has jurisdiction to make property-rights decisions necessary to issue permits; that the NRC properly interpreted its rule; that the evidence supports the NRC’s ruling; and there was no unconstitutional taking of the Kranzes’ property.

FLM, LLC, and Daimler Chrysler Corp., n/k/a Chrysler LLC v. The Cincinnati Insurance Company
49A02-0902-CV-127
Civil Plenary. Reverses and remands the trial court’s entry of summary judgment in favor of the insurance company, finding language in an insurance policy to be ambiguous.
 
Ann Rachelle Johnson v. Dr. A., Dr. B., and Medical Provider
90A05-1109-PL-487
Civil plenary. Dismisses Johnson’s appeal of a trial court order that required a physician retained as her expert witness to execute a release indemnifying one of his prior employers from liability that may arise for the inadvertent disclosure of confidential information. The court held that Johnson does not yet face actual prejudice from the trial court’s order.

Jamar Washington v. State of Indiana
49A02-1202-CR-79
Criminal. Affirms and remands convictions of Class D felony battery, Class A misdemeanor resisting law enforcement and Class B misdemeanor disorderly conduct, ordering the court to correct the abstract of judgment to accurately reflect the conviction of resisting law enforcement as a Class A misdemeanor rather than a Class D felony.

Terrell Hawkins v. State of Indiana
49A04-1201-CR-12
Criminal. Affirms denial of request for educational credit time. The 2011 amendment that ended state funding for educational expenses of inmates convicted of a felony and confined in a penal facility is not an ex post facto law nor did it violate Hawkins’ federal or state constitutional rights.

K.W. v. State of Indiana
49A02-1201-JV-9
Juvenile. Reverses juvenile court’s adjudication as a delinquent child, holding that a student who pulled away from a school resource officer attempting to handcuff him did not commit the equivalent of Class D felony resisting law enforcement because the officer was not acting as a law enforcement officer at the time and the elements of resisting law enforcement had not been met.

Term. of Parent-Child Rel.: T.V. (Minor child) and M.M. (Father) v. The Indiana Dept. of Child Services (NFP)
48A02-1112-JT-1178
Juvenile termination. Affirms termination of parental rights.

In the Matter of M.S. (Minor Child), Child in Need of Services; M.S. (Mother) v. The Indiana Dept. of Child Services (NFP)
49A02-1201-JC-26
Juvenile. Affirms trial court determination of child in need of services.

Donald E. Wrobel v. State of Indiana (NFP)
71A05-1204-CR-180
Criminal. Affirms 30-year sentence for conviction of two counts of Class B felony sexual misconduct with a minor and being a habitual offender.

Kenneth Johnson v. State of Indiana (NFP)
49A02-1112-CR-1110
Criminal. Affirms conviction of Class D felony theft.
 
David D. West v. State of Indiana (NFP)
18A02-1202-CR-146
Criminal. Affirms convictions of two counts of Class C felony child exploitation and two counts of Class D felony possession of child pornography.

Bradley Berry v. State of Indiana (NFP)
49A05-1201-CR-40
Criminal. Affirms conviction of Class B misdemeanor public intoxication.

Londale D. Madison v. State of Indiana (NFP)
71A03-1203-CR-109
Criminal. Affirms Class C felony conviction of burglary.

William Bruce v. State of Indiana (NFP)
79A05-1112-CR-671
Criminal. Affirms two Class A felony convictions of child molesting.

Steven Wayne Minor v. State of Indiana (NFP)
03A05-1111-CR-586
Criminal. Affirms conviction of Class D domestic battery.

Gerald W. Town v. State of Indiana (NFP)
35A04-1112-CR-675
Criminal. Affirms convictions of Class C felony sexual misconduct with a minor and Class D felony battery.

Gregory C. Walbridge v. JP Morgan Chase Bank, N.A. (NFP)
02A03-1112-CC-589
Collections. Affirms trial court’s judgment for Morgan Chase Bank.

In the Matter of the Adoption of C.E.H., minor; W.S. and E.H. v. J.T.C. and S.L.C. (NFP)
29A05-1111-AD-683
Adoption. Affirms trial court grant of J.T.C. and S.L.C.’s adoption petition.
 

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  1. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  2. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  3. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

  4. If our State Government would sue for their rights to grow HEMP like Kentucky did we would not have these issues. AND for your INFORMATION many medical items are also made from HEMP. FOOD, FUEL,FIBER,TEXTILES and MEDICINE are all uses for this plant. South Bend was built on Hemp. Our states antiquated fear of cannabis is embarrassing on the world stage. We really need to lead the way rather than follow. Some day.. we will have freedom in Indiana. And I for one will continue to educate the good folks of this state to the beauty and wonder of this magnificent plant.

  5. Put aside all the marijuana concerns, we are talking about food and fiber uses here. The federal impediments to hemp cultivation are totally ridiculous. Preposterous. Biggest hemp cultivators are China and Europe. We get most of ours from Canada. Hemp is as versatile as any crop ever including corn and soy. It's good the governor laid the way for this, regrettable the buffoons in DC stand in the way. A statutory relic of the failed "war on drugs"

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