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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. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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