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Opinions Aug. 12, 2010

August 12, 2010
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7th Circuit Court of Appeals
Frank McAllister v. Jerry L. Price, in his individual capacity
10-1213
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Joseph S. Van Bokkelen.
Civil. Affirms denial of summary judgment for police officer Price, who claimed qualified immunity. There are genuine issues of material fact about whether Price violated McAllister’s clearly established constitutional rights. McAllister alleges that Price violated his Fourth Amendment rights by using excessive force to remove McAllister from his car after suffering a diabetic episode that resulted in the crash.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Sears Roebuck and Co. v. Vicky James, Michael Soja, et al.
71A03-1002-CT-104
Civil tort. Affirms order refusing to set aside a default judgment in favor of Soja and James on James’ complaint asserting product liability and negligence against Sears. There is no evidence of excusable neglect. Judge Kirsch dissents.  

Ernest L. Cleary v. State of Indiana (NFP)
49A02-0912-CR-1272
Criminal. Affirms determination that Cleary has the ability to pay restitution. Reverses order for restitution for the van’s loss of use. Remands with instructions.

Jerry H. Guffey v. State of Indiana (NFP)
48A05-0911-CR-624
Criminal. Affirms convictions of felony murder, and Class D felonies auto theft and aiding, inducing, or causing arson.

Kimberly N. Davis v. State of Indiana (NFP)
45A03-1001-CR-8
Criminal. Revises sentence following guilty plea to two counts of Class D felony battery. Remands with instructions.

Cynthia Ingling and Thomas Grose v. Melissa Grose (NFP)
20A04-1001-ES-25
Estate, supervised. Reverses setting of plaintiffs’ will contest bond at $10,000. Remands for reinstatement of plaintiffs’ claim.

In re the Guardianship of H.W.; R.R. v. R.B. (NFP)
07A01-1003-GU-112
Guardianship. Affirms denial of R.R.’s Indiana Trial Rule 60(B)(6) motion to set aside a consent order awarding guardianship of her child to maternal grandmother.

Mark W. Phillips v. State of Indiana (NFP)
35A02-1001-CR-41
Criminal. Affirms conviction of and sentence for Class C felony child molesting.

Term. of Parent-Child Rel. of L.P.; H.P. v. Tippecanoe County DCS (NFP)
79A02-0912-JV-1215
Juvenile. Affirms involuntary termination of parental rights.

Robtavious Collins v. State of Indiana (NFP)
71A04-1001-CR-99
Criminal. Affirms conviction of Class B felony possession of heroin within 1,000 feet of school property.

Roger Hendrickson v. State of Indiana (NFP)
49A02-0912-CR-1255
Criminal. Affirms conviction of interference with reporting of a crime as a Class A misdemeanor.

William Young v. State of Indiana (NFP)
49A05-1001-CR-10
Criminal. Affirms convictions of Class B felony burglary and Class D felony criminal recklessness.

T.D.J. v. State of Indiana (NFP)
71A03-1001-JV-78
Juvenile. Affirms adjudication for committing what would be Class B misdemeanor disorderly conduct if committed by an adult.

Eugene and L. Anita Hurt v. Estate of Eulalia May, et al. (NFP)
48A02-0912-CV-1248
Civil. Affirms judgment in favor of the estate in its action to foreclose against the Hurts on a real estate contract.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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