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Opinions Aug. 17, 2011

August 17, 2011
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7th Circuit Court of Appeals
Lisa Hicks v. Avery Drei, LLC and Chance Felling
10-2744
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane Magnus-Stinson.
Civil. Affirms grant of Avery Drei and Felling’s motion for judgment as a matter of law on Hicks’ vacation pay claim and a portion of their similar motion on her overtime pay claim. Evidence shows that Hicks and Felling had an agreement that Hicks would not earn vacation pay until after being employed for one year; her employment ended before she reached her one-year anniversary. The District Court did not abuse its discretion in denying Hicks’ motion in limine. Affirms in all other respects.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Amy Gulbranson v. State of Indiana
71A05-1103-CR-120
Criminal. Affirms conviction of Class C felony assisting a criminal. Gulbranson’s reliance on authority interpreting prior versions of Ind. Code 35-44-3-2 is misplaced.

C.S. v. State of Indiana
67A01-1101-JS-19
Juvenile. Reverses adjudication as a delinquent child for violating the compulsory school attendance law, a status offense. There was insufficient evidence that C.S. is in need of care, treatment, or rehabilitation, which is a required element in order to be adjudicated.

Randall Thomas Ford v. Debra Ann Ford
07A01-1012-DR-601
Domestic relation. Affirms the trial court’s conclusion that Randall Ford’s employer-funded health benefit account constitutes a marital asset subject to division, but reverses the judgment regarding valuation of the account. Although there are possibilities that might impact the valuation of the account, they do not alter the fact that that Randall does have an immediately existing right to present enjoyment of the account. Remands with instructions to conduct a hearing at which the value of the account as a divisible marital asset may be determined.

Outboard Boating Club of Evansville, Inc., et al. v. Indiana State Dept. of Health
82A01-1102-PL-52
Civil plenary. Affirms grant of the health department’s motion to dismiss the boating clubs’ action for declaratory judgment that the health department had no jurisdiction to regulate the clubs’ facilities. The trial court lacked subject matter jurisdiction due to the clubs’ failure to exhaust administrative remedies.

Joshua Farmer v. State of Indiana (NFP)
89A01-1012-CR-656
Criminal. Affirms conviction of Class D felony possession of a narcotic drug.

Tat-Yik Jarvis Ka and Amanda Beth Ka v. City of Indianapolis (NFP)

49A02-1103-CT-188
Civil tort. Affirms summary judgment for the City of Indianapolis on the Kas’ suit for negligence, negligent infliction of emotional distress, trespass and nuisance after sewage from a city pipe backed up into their home.

Thomas Hopkins v. State of Indiana (NFP)

48A04-1101-CR-13
Criminal. Affirms revocation of probation.

David G. Carmichael v. Candace (Carmichael) Ballard (NFP)
52A05-1012-DR-770
Domestic relation. Affirms denial of Carmichael’s motion for relief from judgment.

Kevin R. Franklin v. State of Indiana (NFP)
02A03-1012-CR-651
Criminal. Affirms convictions of murder, Class C felony carrying a handgun without a license, and Class D felony criminal recklessness.

N.D. v. T.D. (NFP)
71A03-1011-DR-648
Domestic relation. Affirms trial court’s ruling regarding custody, provisional child support, tax exemption, attorney fees, and bias. Remands for further consideration regarding the father’s pension.

Base Alston-Butler v. State of Indiana (NFP)
49A02-1101-CR-55
Criminal. Affirms convictions of four counts of Class B felony robbery.

Beverly Jinkins v. Jet Credit Union (NFP)
49A02-1006-PL-666
Civil plenary. Affirms partial summary judgment for Jet Credit Union on Jinkins’ counterclaims alleging breach of contract and various tort claims. Affirms grant of Jet’s motion to strike Jinkins’ untimely response.

Term. of Parent-Child Rel. of: S.C., et al.; D.C. v. I.D.C.S. (NFP)
79A02-1102-JT-203
Juvenile. Affirms termination of parental rights.

Frontier Insurance Co. and Midwest Bonding, Inc. v. State of Indiana (NFP)
20A04-1102-CR-89
Criminal. Reverses denial of motion to correct error challenging an order for forfeiture of a bond and the imposition of late surrender fees.

Indiana Tax Court had posted no opinions at IL deadline.

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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