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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. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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