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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. Uh oh, someone is really going to get their panti ... uh, um ... I mean get upset now: http://www.theguardian.com/us-news/2015/mar/31/arkansas-passes-indiana-style-religious-freedom-bill

  2. Bryan, stop insulting the Swedes by comparing them to the American oligarchs. Otherwise your point is well taken.

  3. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  4. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  5. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

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