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Opinions Aug. 8, 2014

August 8, 2014
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The follow 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday:
Estate of Edmund M. Carman, deceased, v. Daniel B. Tinkes, et al.
13-3846
U.S. District Court for the Northern District of Indiana, Hammond Division, Magistrate Judge Paul R. Cherry.
Civil. Affirms summary judgment in favor of defendants. Finds even if Tinkes violated Indiana traffic laws which prohibit passing on the right and making unsafe lane changes by pulling into a left turn lane, he did not cause Carman to crash into the rear of his truck. Rules the estate did not prove its second claim that the bumper on Tinkes’ truck caused Carman’s death.

Friday’s opinions
Indiana Court of Appeals
Victor Keeylen v. State of Indiana
49A05-1308-CR-419
Criminal. Affirms on interlocutory appeal the denial of a motion to suppress evidence collected in a home search. Even though the warrantless installation of GPS tracking devices on Keeylen’s vehicles in a narcotics dealing investigation was improper, Keeylen failed to prove police engaged in deliberate falsehood or acted with reckless disregard for the truth by omitting information about the GPS devices on a probable cause affidavit authorizing a home search that led to drug charges.

Geico Insurance Company, as subrogee of Ralph Heitkamp v. Dianna Graham
49A02-1310-CT-898
Civil tort. Affirms order setting aside summary judgment in favor of Geico on grounds that its claim in Marion Superior Court is barred by the doctrine of res judicata because it is derivative of a judgment in St. Joseph County in favor of Graham.  

Jason Keith Scott v. State of Indiana (NFP)
41A01-1311-CR-499
Criminal. Affirms sentence and conviction of Class D felony operating a vehicle while intoxicated.

Samuel Curts v. State of Indiana (NFP)
48A04-1312-CR-615
Criminal. Affirms revocation of probation.

Kimberly Kraemer v. Haulers Insurance Co., Inc., as subrogee of Linda Shanabarger (NFP)
27A05-1311-CT-544
Civil tort. Affirms denial of motion to correct error and request to set aside summary judgment in favor of Haulers Insurance.
 
R.C. v. State of Indiana (NFP)
49A05-1401-JV-24
Juvenile. Affirms delinquent adjudication for committing what would constitute Class A misdemeanor resisting law enforcement if committed by an adult.

In re; the Paternity of BKS, CSS v. RSK (NFP)
45A03-1311-JP-463
Juvenile. Affirms trial court order awarding father R.S.K. custody of daughter B.K.S.

Patrick Palmer Jr. v. Chastity Carse (NFP)
37A04-1312-DR-637
Domestic relation. Affirms denial of Palmer’s petition to modify custody.


 

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  1. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

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  4. From the article's fourth paragraph: "Her work underscores the blurry lines in Russia between the government and businesses . . ." Obviously, the author of this piece doesn't pay much attention to the "blurry lines" between government and businesses that exist in the United States. And I'm not talking only about Trump's alleged conflicts of interest. When lobbyists for major industries (pharmaceutical, petroleum, insurance, etc) have greater access to this country's elected representatives than do everyday individuals (i.e., voters), then I would say that the lines between government and business in the United States are just as blurry, if not more so, than in Russia.

  5. For some strange reason this story, like many on this ezine that question the powerful, seems to have been released in two formats. Prior format here: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 That observed, I must note that it is quite refreshing that denizens of the great unwashed (like me) can be allowed to openly question powerful elitists at ICE MILLER who are on the public dole like Selby. Kudos to those at this ezine who understand that they cannot be mere lapdogs to the powerful and corrupt, lest freedom bleed out. If you wonder why the Senator resisted Selby, consider reading the comments here for a theory: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263

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