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Opinions Aug. 20, 2010

August 20, 2010
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7th Circuit Court of Appeals

Torrey Bauer, David Certo, and Indiana Right to Life, Inc. v. Randall T. Shepard, et al.
09-2963
U.S. District Court, Northern District of Indiana, Fort Wayne Division. Judge Theresa L. Springmann.
Civil. Affirms District court’s ruling that the state’s judicial canons are constitutional regarding whether judges can make public statements regarding controversial issues. The opinion recognizes a split among Circuits throughout the country on the issue. Also finds that a portion of the challenge involving the pre-2009 conduct code is unripe, rather than moot as the District court had found.

Franz Schleicher, et al. v. Gary C. Wendt, et al.
09-2154
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge David F. Hamilton.
Civil. Finds the District Court did not commit a legal error, or abuse its discretion, in deciding that the fraud-on-the-market doctrine should not be conscripted to serve some other function in a lawsuit. In this case, the plaintiffs claim the defendants made false statements about Conseco, which in turn affected their perceived value of the shares.

Indiana Supreme Court posted no opinions before IL deadline.

Indiana Court of Appeals

Jeff Sagarin and Shirley Jablonski v. City of Bloomington
53A01-0909-CV-454
Civil. Affirms trial court’s ruling in city’s favor regarding Sagarin’s inverse condemnation claim because he knew about the easement when he purchased the property. Reverses and remands for determination of attorney’s fees in regards to Jablonski. Affirms trial court’s determination regarding tolling of statute of limitations.

Canteen Service Company of Indianapolis, Inc. v. Indiana Dept. of Transportation
82A04-0908-CV-466
Civil. Affirms the trial court’s judgment in favor of the Indiana Department of Transportation on Canteen’s claim for damages from an alleged inverse condemnation. Canteen raised two issues for review: whether Canteen’s previous sale of its property adjacent and contiguous to First Avenue extinguished its right of direct access to First Avenue; and whether INDOT’s relocation of Canteen’s entrance to First Avenue by 210 feet, and by way of a frontage road, amounted to a “taking” under Indiana law.

Richard M. Jackson Sr. d/b/a RMJ Investigations v. Benjamin Parks (NFP)
29A04-1003-SC-193
Civil. Dismisses Jackson’s appeal of the small claims court’s order that he be represented by counsel in his efforts to enforce an assigned judgment. Finds his appeal is not properly before the Court of Appeals.

Term. of Parent-Child Relationship of E.K.H.; K.E.N. and C.J.H., Jr. v. Indiana Dept. of Child Services (NFP)
20A03-0912-JV-603
Juvenile. Affirms termination of parental rights.

Term. of Parent-Child Relationship of A.E. and S.W.; S.E. and A.E. v. IDCS (NFP)
17A03-0911-JV-558
Juvenile. Affirms termination of parental rights.

Kurt Retrum, M.D., et al. v. Sarah Tinch (NFP)
48A02-1002-PL-97
Civil. Reverses and remands for entry of summary judgment in favor of the defendants Kurt Retrum, et al. because the statute of limitations had expired.

Donald Carew v. State of Indiana (NFP)
49A02-1001-CR-27
Criminal. Affirms conviction of public intoxication, a Class B misdemeanor, following a bench trial.

Indiana Tax Court posted no opinions before IL deadline.
 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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