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Opinions Aug. 20, 2014

August 20, 2014
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The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
Robin Allman, et al. v. Kevin Smith, et al.
14-1792
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Stays the District Court proceedings against both the Anderson mayor and the city of Anderson. The court denied summary judgment in favor of Smith with respect to two plaintiffs’ claims that they were fired from their city jobs because of their political affiliations and refused to grant Smith’s request for stay pending appeal or the city’s motion for summary judgment and request for a stay. The doctrine of “pendent appellate jurisdiction” allows the city to appeal the denial of the stay.

Indiana Court of Appeals
Goodrich Quality Theaters, Inc. and Roncelli, Inc. v. Fostcorp Heating and Cooling, Inc., Wilson Iron Works, Inc., Johnson Carpet, Inc., d/b/a Johnson Commercial Interiors
64A03-1308-PL-318
Civil plenary. Affirms ruling in favor of Fostcorp Heating and Cooling and other appellees on various breach of contract claims and foreclosure of mechanic’s liens stemming from the construction of a movie theatre. Roncelli’s appeal was timely filed and the judgments are supported by the findings. It was an abuse of discretion for the trial court to award attorney fees, so reverses those fees in favor of the appellees.

Kindred Nursing Centers, d/b/a Royal Oaks Health Care and Rehabilitation Center v. The Estate of Carrie Etta McGoffney
84A04-1402-MI-56
Miscellaneous. Affirms denial of Royal Oak’s motion for summary judgment in a proposed medical malpractice complaint. The Journey’s Account Statute applies to revive the complaint.

Westport Homes, Inc. v. Greg Penley and Pam Penley (NFP)
30A01-1403-SC-120
Small claim. Reverses small claims judgment in favor of the Penleys over a breach of contract claim involving a refrigerator. Remands with instructions to enter judgment in favor of Westport.

David Johnson and Ieva S. Johnson and Eva G. Sanders and Joseph K. and Michelle Yeary v. Indiana Department of Environmental Management and Town of Whitestown (NFP)
06A05-1310-PL-506
Civil plenary. Affirms dismissal of the appellants’ petition for judicial review.

Larry Love v. State of Indiana (NFP)
49A04-1311-CR-553
Criminal. Affirms denial of motion to suppress.

Simone Smith v. State of Indiana (NFP)
49A02-1401-CR-21
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Jason G. Squier v. State of Indiana (NFP)
41A01-1311-CR-500
Criminal. Affirms conviction and sentence for Class C felony robbery.

Eric J. Smith v. State of Indiana (NFP)
02A03-1311-CR-449
Criminal. Affirms convictions of murder and Class B felony possession of a firearm by a serious violent felon.

Citi Capital Financial LLC v. Huntington National Bank (NFP)
29A02-1307-PL-643
Civil plenary. Affirms order granting partial summary judgment in favor of Huntington in a lien property dispute between it and Citi Capital.

In the Matter of the Termination of the Parent-Child Relationship of, A.C., Minor Child, and A.C., Father v. The Indiana Department of Child Services (NFP)
34A05-1402-JT-89
Juvenile. Affirms termination of father’s parental rights.

Brandon Brummett v. State of Indiana (NFP)
49A02-1304-CR-378
Criminal. Grants rehearing and affirms reversal of Brummett’s convictions for child molesting due to prosecutorial misconduct.

Rayshawn Winbush v. State of Indiana (NFP)
48A02-1401-PC-32
Post conviction. Affirms denial of amended petition for post-conviction relief.
 

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  1. 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.

  2. 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?

  3. 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?

  4. This is easily remedied, and in a fashion that every church sacrificing incense for its 501c3 status and/or graveling for government grants should have no problem with ..... just add this statue, http://commons.wikimedia.org/wiki/File:Capitoline_she-wolf_Musei_Capitolini_MC1181.jpg entitled, "Jesus and Cousin John learn to suckle sustenance from the beloved Nanny State." Heckfire, the ACLU might even help move the statue in place then. And the art will certainly reflect our modern life, given the clergy's full-bellied willingness to accede to every whim of the new caesars. If any balk, just threaten to take away their government milk … they will quiet down straightaway, I assure you. Few, if any of them, are willing to cross the ruling elite as did the real J&J

  5. Tina has left the building.

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