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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. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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