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Opinions Aug. 30, 2012

August 30, 2012
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The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
Virgil Hall III v. Michael Zenk, superintendent
11-3911
U.S. District Court, Northern District of Indiana, South Bend Division. Judge Jon E. DeGuilio.
Civil. Vacates the grant of Hall’s habeas petition and remands for a hearing to determine whether Hall was prejudiced by extraneous information that reached his jury.

Thursday’s opinions
7th Circuit Court of Appeals

Sung Park v. Indiana University School of Dentistry, et al.
11-1933, 11-2109
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms dismissal for failure to state a claim in Park’s suit alleging equal protection and due process violations and claims for state law breach of contract. She has no state law claim for breach of contract, and Park has not identified a protectable property interest.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals

Dana Young v. State of Indiana
49A02-1201-JM-18
Juvenile miscellaneous. Affirms conviction of Class B misdemeanor failure to ensure school attendance. Young was adequately advised of and waived her right to a jury trial.

Lane Alan Schrader Trust as Trustee under the Trust Agreement dated 16th day of November, 1999, and known as Lane Alan Schrader Self-Declaration of Trust v. Larry Gilbert and Nancy J. Malecki
75A04-1112-PL-676
Civil plenary. Reverses and remands to the trial court with instructions to enter a new order consistent with this opinion. The trial court did not err by concluding that the legal survey was not conducted through the use of good surveying practices, but did err by imposing the two previous surveys.

Peabody Energy Corp., Peabody Coal Company, LLC, and Black Beauty Coal Company v. Richard F. Roark, Beelman Truck Co., and North American Capacity Insurance Co.
14A01-1112-CT-555
Civil tort. Reverses summary judgment in favor of NAC and against Peabody regarding whether Peabody is an insured under the NAC policy. Roark was injured because of Peabody’s sole negligence, and his injuries arose out of his employer Beelman’s operations. Affirms summary judgment that Beelman did not breach the master performance agreement entered into by Beelman and Peabody. Remands for further proceedings.

F.D., G.D., and T.D. b/n/f J.D. and M.D.; J.D. and M.D., Individually v. Indiana Dept. of Family Services, Vanderburgh Co. Office of Family & Social Services, Evansville Police Dept., et al.

82A01-1109-CT-432
Civil tort. Affirms summary judgment in favor of DCS and the police department for DCS’ and the police department’s failure to inform parents J.D. and M.D. of their daughter’s molestation. Finds the police department is not a proper party to this case. Indiana Code 31-33-18-4, the statute the parents say gives rise to DCS’ duty to notify them of their daughter’s molestation, does not confer a private right of action. Judge Crone concurs in part and dissents in part; Judge Bradford concurs in part, dissents in part, and concurs in result.

Michael Kern v. State of Indiana (NFP)
35A02-1108-MI-903
Miscellaneous. Affirms denial of Kern’s petition for writ of habeas corpus.

Keith Allen Abell v. State of Indiana (NFP)
45A03-1202-CR-77
Criminal. Affirms aggregate 36-year sentence for various convictions, including Class B felony attempted rape and Class B felony attempted criminal deviate conduct.

Leroy Hall v. State of Indiana (NFP)

49A04-1202-PC-68
Post conviction. Affirms denial of petition for post-conviction relief.

Chris B. Davis v. Rhonda S. Davis (NFP)
54A01-1201-DR-24
Domestic relation. Affirms denial of Chris Davis’ petition to modify custody.

Danielle Kelly v. State of Indiana (NFP)
30A01-1112-CR-584
Criminal. Affirms denial of motion to suppress.

In the Matter of the Commitment of D.W. v. Wishard Health Services Midtown Mental Health (NFP)
49A02-1201-MH-13
Mental health. Affirms temporary involuntary commitment to mental health facility.

Tommy Goldman v. State of Indiana (NFP)
31A01-1202-CR-75
Criminal. Affirms sentence imposed following probation revocation.
 

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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