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Opinions Aug. 10, 2010

August 10, 2010
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7th Circuit Court of Appeals
United States of America v. Jermarcus Robinson
09-3955
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Criminal. Affirms conviction of possession with intent to distribute crack cocaine. The District Court correctly refused to suppress the cocaine police officers pulled from Robinson’s buttocks after a traffic stop. The officer wasn’t satisfied with his initial effort to pat down Robinson and was justified to return to finish the job within the bounds outlined in Terry.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Joey Wilson v. State of Indiana
49A02-1001-CR-60
Criminal. Affirms convictions of receiving stolen auto parts as a Class C felony and driving while suspended as a Class A misdemeanor. Wilson waived for review his argument that the trial court erred in allowing the state to amend the charging information on the day before his trial was to begin. He failed to request a continuance to prepare for his defense. Wilson also failed to prove that the admission of his unredacted BMV record made it impossible for him to receive a fair trial.

Indiana Spine Group v. Pilot Travel Centers
93A02-1003-EX-315
Civil. Reverses dismissal by the Full Worker’s Compensation Board of ISG’s claim pursuant to Indiana Code Section 22-3-3-27. The two-year statute of limitations in that statue doesn’t apply. Remands for determination on the merits of ISG’s application for adjustment of claim for provider fee.

City of Indianapolis v. Cynthia Hicks on behalf of and as next friend of Jada Richards, a minor
49A02-1002-CT-95
Civil tort. Affirms nunc pro tunc order granting Hicks’ motion to correct error and reinstating her negligence suit brought against the City of Indianapolis on behalf of her minor child. The city waived any challenge based on the magistrate’s lack of authority to sign the order by not objecting until after time for ruling on the motion to correct error expired. The CCS entries provide a sufficient basis to later issue the order. The grant of the motion to correct error wasn’t an abuse of discretion because the city didn’t show noncompliance with the tort claim notice requirements of the Indiana Tort Claims Act.

Ryan Armstrong v. State of Indiana (NFP)
79A02-1002-CR-107
Criminal. Affirms convictions of Class C misdemeanor operating a vehicle while intoxicated, and Class A misdemeanors possession of marijuana and possession of paraphernalia.

Roosevelt Williams v. State of Indiana (NFP)
49A02-0911-PC-1124
Post conviction. Affirms denial of petition for post-conviction relief.

Timothy A. Stevens v. State of Indiana (NFP)
45A05-0912-CR-723
Criminal. Affirms convictions of and sentences for Class C felonies forgery, and fraud on a financial institution, and three counts of Class D felony theft.

Thompson Thrift Construction Inc. v. Bank of Indiana, N.A. (NFP)
84A05-1001-PL-24
Civil plenary. Affirms summary judgment for Bank of Indiana in Thompson Thrift Construction’s attempt to foreclose its mechanic’s lien on a parcel of real estate on which the bank held three mortgages.

Indiana Spine Group v. Scenic Hills Care Center (NFP)
93A02-1003-EX-313
Civil. Reverses dismissal by the Worker’s Compensation Board of ISG’s application for adjustment of claim for provider fee. Remands for further proceedings.

Indiana Spine Group v. All Seasons Holdings (NFP)
93A02-1003-EX-316
Civil. Reverses dismissal by the Worker’s Compensation Board of ISG’s application for adjustment of claim for provider fee. Remands for further proceedings.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  2. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  3. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

  4. I would like to discuss a commercial litigation case. If you handle such cases, respond for more details.

  5. Great analysis, Elizabeth. Thank you for demonstrating that abortion leads, in logic and acceptance of practice, directly to infanticide. Women of the world unite, you have only your offspring to lose!

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