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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. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  2. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  3. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  4. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  5. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

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