ILNews

Opinions Aug. 28, 2012

August 28, 2012
Keywords
Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

ADVERTISEMENT