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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. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

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  4. My daughter was married less than a week and her new hubbys picture was on tv for drugs and now I havent't seen my granddaughters since st patricks day. when my daughter left her marriage from her childrens Father she lived with me with my grand daughters and that was ok but I called her on the new hubby who is in jail and said didn't want this around my grandkids not unreasonable request and I get shut out for her mistake

  5. From the perspective of a practicing attorney, it sounds like this masters degree in law for non-attorneys will be useless to anyone who gets it. "However, Ted Waggoner, chair of the ISBA’s Legal Education Conclave, sees the potential for the degree program to actually help attorneys do their jobs better. He pointed to his practice at Peterson Waggoner & Perkins LLP in Rochester and how some clients ask their attorneys to do work, such as filling out insurance forms, that they could do themselves. Waggoner believes the individuals with the legal master’s degrees could do the routine, mundane business thus freeing the lawyers to do the substantive legal work." That is simply insulting to suggest that someone with a masters degree would work in a role that is subpar to even an administrative assistant. Even someone with just a certificate or associate's degree in paralegal studies would be overqualified to sit around helping clients fill out forms. Anyone who has a business background that they think would be enhanced by having a legal background will just go to law school, or get an MBA (which typically includes a business law class that gives a generic, broad overview of legal concepts). No business-savvy person would ever seriously consider this ridiculous master of law for non-lawyers degree. It reeks of desperation. The only people I see getting it are the ones who did not get into law school, who see the degree as something to add to their transcript in hopes of getting into a JD program down the road.

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