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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. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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