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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. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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