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Opinions Aug. 4, 2014

August 4, 2014
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7th Circuit Court of Appeals
Bruce Carneil Webster v. John F. Caraway, Warden, United States Penitentiary, Terre Haute
14-1049
U.S. District Court, Southern District of Indiana, Terre Haute Division. Judge William T. Lawrence.
Civil. Affirms dismissal of Webster’s petition for collateral relief under 28 U.S.C. Section 2241. Agrees with District Court’s decision that the petition is blocked by Section 2255(e), under which Webster had previously sought collateral relief in the Fifth Circuit Court of Appeals, the circuit where he had committed his crime.

Indiana Court of Appeals
Domingo Gonzalez v. State of Indiana (NFP)
12A04-1312-CR-643
Criminal.  Affirms convictions of Class D felony criminal confinement and Class B misdemeanor unauthorized entry of a motor vehicle.

Tiffany Thompson, Jason Thompson, and Cassie Thompson v. Fields Gutter & Siding, Inc., Pamela Sue Fields, and Michael C. Ford, Jr. (NFP)
32A05-1403-CT-131
Civil tort. Affirms summary judgment in favor of Fields Gutter & Siding Inc., Fields and Ford on the Thompsons’ lawsuit alleging FGS was liable for Ford’s negligent acts under the theory of respondeat superior and the company breached its common law duty to use reasonable care.

Eric P. Mains v. Citibank, NA as Trustee for WAMU Series 2007-HE2 Trust (NFP)
10A04-1309-MF-450
Mortgage foreclosure. Affirms summary judgment against Mains in a mortgage foreclosure action brought against him and Anna V. Mains by Citibank.

Antoinette Crosslin v. Review Board of the Indiana Department of Workforce Development and Kenya Hamilton (NFP)
93A02-1305-EX-413
Agency action. Affirms determination Crosslin is ineligible for unemployment benefits.

 

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  1. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  2. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  3. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

  4. If justice is not found in a court room, it's time to clean house!!! Even judges are accountable to a higher Judge!!!

  5. The small claims system, based on my recent and current usage of it, is not exactly a shining example of justice prevailing. The system appears slow and clunky and people involved seem uninterested in actually serving justice within a reasonable time frame. Any improvement in accountability and performance would gain a vote from me. Speaking of voting, what do the people know about judges and justice from the bench perspective. I think they have a tendency to "vote" for judges based on party affiliation or name coolness factor (like Stoner, for example!). I don't know what to do in my current situation other than grin and bear it, but my case is an example of things working neither smoothly, effectively nor expeditiously. After this experience I'd pay more to have the higher courts hear the case -- if I had the money. Oh the conundrum.

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