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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. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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