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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. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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