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Opinions Aug. 29, 2011

August 29, 2011
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7th Circuit Court of Appeals
William Padula, administrator of the estate of Jerome Clement v. Timothy Leimbach, et al.
10-3395
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Joseph Van Bokkelen.
Civil. Affirms summary judgment for defendants, which include the City of East Chicago Police Department, on Padula’s suit for wrongful arrest, excessive force, failure to train officers, and condoning the use of excessive force, and the remand of state law claims to state court. The officers had probable cause to arrest Clement because they believed him to be intoxicated, the officers’ use of force was not excessive, and Padula’s claims of failure to adequately train and supervise officers and for condoning and ratifying excessive force fail.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Steve Reed and Lee Ann Reed v. City of Evansville and Evansville Sewer & Water Utility
82A05-1012-PL-768
Civil plenary. Reverses summary judgment for the City of Evansville and the Evansville Sewer & Water Utility. None of the city’s supplemental evidence needs to be stricken, a question of fact remains as to whether the Reeds provided timely notice of their tort claims, the city isn’t otherwise entitled to judgment as a matter of law on the Reeds’ claims, and the city’s motion to strike portions of the Reeds’ brief in opposition to summary judgment and supporting affidavits was properly denied. Remands for further proceedings.

Term. of Parent-Child Rel. of D.D., J.J., and K.J.; E.J. v. I.D.C.S.
10A04-1011-JT-748
Juvenile. Reverses involuntary termination of mother E.J.’s parental rights. The Clark County DCS failed to satisfy the six-month statutory mandate of Ind. Code. 31-35-2-4(b)(2)(A), and the trial court committed reversible error in granting CCDCS’ involuntary termination petitions. Remands for further proceedings.

Danny R. Kitchen, Jr. v. Rebecca Kitchen (deceased), Michael Lake and Shelly Lake

27A04-1101-DR-14
Domestic relation. Reverses order denying Kitchen’s motion for relief from judgment from the trial court’s order granting visitation to Michael and Shelly Lake, the maternal aunt and uncle of Danny’s minor child, K.K. Appellate court adheres to the limitation of statutes and caselaw conferring standing only to parents, grandparents, and step-parents. Remands for further proceedings.

Ronnie Q. Henderson v. State of Indiana

20A03-1102-PC-108
Post conviction. Affirms denial of petition for post-conviction relief. The search of Henderson’s vehicle was valid under New York v. Belton and the Indiana Supreme Court’s interpretation of Belton. Arizona v. Gant does not apply retroactively to Henderson’s case.

Lonnie T. Bonds v. State of Indiana (NFP)
49A02-1101-PC-124
Post conviction. Affirms denial of petition for post-conviction relief.

James A. Falk v. State of Indiana (NFP)
77A04-1102-CR-127
Criminal. Affirms sentence for Class B felony burglary and Class D felony theft.

Daniel J. Reed v Saint-Gobain Containers, Inc. (NFP)
38A02-1007-MI-845
Miscellaneous. Affirms order denying Reed’s motion to correct error.

T.L.M. v. V.M. (NFP)
49A02-1008-DR-930
Domestic relation. Affirms denial of father T.L.M.’s verified petition for modification of custody.

Randall E. Lesh v. State of Indiana (NFP)
35A02-1103-CR-282
Criminal. Affirms sentence for Class D felony resisting law enforcement.

Charles R. Sparks v. State of Indiana (NFP)

10A04-1012-CR-794
Criminal. Affirms convictions of six counts of Class A felony child molesting and one count of Class B felony sexual misconduct with a minor.

Jeffrey Brooks v. Henry and Iva McNeal (NFP)

45A03-1101-CT-25
Civil tort. Affirms summary judgment for the McNeals in Brooks’ suit following injuries he allegedly sustained after falling off a ladder on property owned by the McNeals.

Ricky C. Newman v. State of Indiana (NFP)
15A05-1102-CR-134
Criminal. Affirms sentence following guilty plea to Class C felony operating a vehicle while privileges are forfeited for life.

Terry L. Holmes, Jr. v. State of Indiana (NFP)
34A02-1103-PC-284
Post conviction. Affirms denial of petition for post-conviction relief.

Willie Sims v. State of Indiana (NFP)
20A04-1102-CR-123
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated.

Christopher Huston v. State of Indiana (NFP)
48A02-1101-CR-30
Criminal. Affirms convictions of and sentence for Class B misdemeanor criminal mischief and Class D felony pointing a firearm.

David Newton v. State of Indiana (NFP)
49A02-1101-CR-10
Criminal. Affirms denial of motion for expungement.

Arturo A. Ortiz v. State of Indiana (NFP)
90A04-1103-CR-114
Criminal. Affirms denial of motion for jail time credit.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court dismissed one case on petition for transfer for the week ending Aug. 26, 2011.
 

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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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