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Opinions Aug. 25, 2011

August 25, 2011
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The following opinion was posted after IL deadline Wednesday:
7th Circuit Court of Appeals
United States of America v. Ernest R. Snow
10-2031
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Larry McKinney.
Criminal. Affirms denial of motion to suppress evidence of gun found on Snow after he was pulled over on suspicion of a burglary attempt and ordered out of his car for a protective pat down. Concludes that police do not require additional information suggesting that a suspect might be armed before they may conduct a protective frisk of someone they reasonably suspect of being a burglar.

Today’s opinions
7th Circuit Court of Appeals
Michael H. Haury v. Bruce Lemmon, et al.
11-2148
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L Miller Jr.
Civil. Reverses denial by District Court to proceed as a pauper on the ground that Haury had accumulated three strikes for the dismissal of three prior lawsuits. Only two of the cases named by the District Court warrant strikes under 28 U.S.C. Section 1915(g). Grants Haury’s motion and remands for further proceedings.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Margarita Aguirre v. State of Indiana
49A05-1101-CR-36
Criminal. Reverses conviction of Class A misdemeanor resisting law enforcement. The state did not present any evidence that Aguirre used force or “made threatening or violent actions” to contribute to the struggle with the police officer. Judge Baker dissents.

S.S. LLC  v. Review Board and D.H.
93A02-1101-EX-56
Agency appeal. Affirms decision in favor of D.H. on her claim for unemployment benefits. S.S. merely alleged that D.H. voluntarily resigned. The review board found otherwise and the COA declines to reweigh the evidence. Judge Crone concurs in separate opinion.

Argonaut Ins. Co. v. Christopher Jones, individually and as personal representative of the estate of Sarah Jones, deceased

53A01-1012-PL-669
Civil plenary. Affirms summary judgment and subsequent entry of declaratory judgment against Argonaut Insurance and in favor of Jones after Monroe County Sheriff’s Deputy Sarah Jones was killed while on duty. The trial court correctly concluded as a matter of law that there was no question of material fact and that Jones was entitled to judgment as a matter of law on whether Deputy Jones was using her patrol car and that her injuries and death resulted from her use of the police car.  

John Fiederlein, M.D. v. Alex Boutselis, M.D. and Steve Jones, M.D.
79A04-1010-PL-632
Civil plenary. Affirms in part and reverses in part. Affirms summary judgment for the defendants as to Fiederlein’s claims of breach of contract, fraudulent interference with employment relationship, promissory estoppel and unjust enrichment. The trial court properly concluded that there was no evidence to support Fiederlein’s contention that his negotiations would have been conducted differently if a letter hadn’t been sent. The trial court erred when it denied Fiederlein’s motion for summary judgment as to the defendants’ counterclaim for the repayment of $814,935 distribution due to unjust enrichment. The trial court erred when it denied the defendants’ motion for summary judgment as to Fiederlein’s claim of unjust enrichment regarding the capital account refunds.

Michael D. Slaton v. State of Indiana (NFP)

45A05-1012-CR-766
Criminal. Affirms convictions of and sentence for two counts of Class B felony robbery and two counts of Class B felony criminal confinement.

Term. of Parent-Child Rel. of K.W., et al.; A.W. v. IDCS (NFP)

54A01-1102-JT-77
Juvenile. Affirms termination of parental rights.

Jatun Combs v. State of Indiana (NFP)

46A03-1006-CR-403
Criminal. Affirms convictions of Class B felony dealing in cocaine and Class B felony possession with intent to deliver cocaine.

Employers Mutual Casualty Co. v. Governmental Interinsurance Exchange (NFP)
66A04-1101-PL-35
Civil plenary. Affirms summary judgment in favor of Governmental Interinsurance Exchange on the issue of notice.

Ibad U. Ansari v. Home Bank S.B. (NFP)
55A01-1012-CC-641
Civil collections. Affirms summary judgment in favor of Home Bank on a suit alleging default on promissory notes.

Jeremy K. Hiday v. State of Indiana (NFP)
35A04-1102-CR-80
Criminal. Affirms conviction of Class A felony child molesting.

Linda S. Wetzel v. John E. Wetzel (NFP)
29A02-1008-DR-968
Domestic relation. Affirms order modifying the weekly child support obligation of John Wetzel to $0.
 
Keith Nemer v. State of Indiana (NFP)
82A05-1012-CR-800
Criminal. Affirms convictions of two counts of Class A felony dealing in methamphetamine.

O&F Properties, Inc. v. Timothy A. Mills, et al. (NFP)

82A01-1101-PL-11
Civil plenary. Affirms summary judgment to defendant Orson Oliver in O & F’s breach of contract suit.

Jerome Wilkins v. State of Indiana (NFP)

82A04-1101-CR-47
Criminal. Affirms sentence for Class D felony resisting law enforcement, Class A misdemeanor resisting law enforcement, and Class B misdemeanor reckless driving.

Indiana Tax Court had posted no opinions at IL deadline.

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  1. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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