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.














vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.
Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.