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Opinions Dec. 15, 2011

December 15, 2011
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7th Circuit Court of Appeals
Adrianna Brown, et al. v. Columbia Sussex Corp., et al.
10-3849
U.S. District Court, Northern District of Indiana, Hammond Division, Chief Judge Philip P. Simon.
Civil. Affirms dismissal of 53 of the 224 plaintiffs who had their civil rights and breach of contract claims dismissed because they continually missed both formal and informal deadlines. Holds that, in the context of a multi-party or multi-claim suit, a premature notice of appeal from the dismissal of a party or claim will ripen upon the entry of a belated Rule 54(b) judgment under Rule 4(a)(2) and FirsTier. The District Court was within its discretion to find that the appellants acted willfully, in bad faith, or with fault.

Indiana Supreme Court
David R. Snyder v. J. Bradley King and Trent Deckard, in their Official Capacities as Co-Directors of the Indiana Election Division; and Linda Silcott and Pam Brunette
94S00-1101-CQ-50
Certified question. Holds that the Indiana Constitution was not violated when, upon being convicted of Class A misdemeanor battery and sentenced to an executed term of incarceration, Snyder was disenfranchised, but only for the duration of his incarceration. Also holds that the General Assembly has separate constitutional authority to cancel the registration of any person incarcerated following conviction, for the duration of incarceration.

Indiana Court of Appeals
P.J. v. Review Board of the Indiana Dept. of Workforce Development, and Indianapolis Public Schools (NFP)
93A02-1102-EX-64
Agency appeal. Affirms determination that P.J. voluntarily left his employment without good cause and was ineligible for unemployment compensation.

Donald S. Forker v. State of Indiana (NFP)
28A04-1106-CR-364
Criminal. Affirms sentence following guilty plea to Class B felony dealing in a controlled substance.

Robert D. Spangler v. State of Indiana (NFP)
26A01-1106-CR-284
Criminal. Affirms sentence imposed after Spangler pleaded guilty but mentally ill to murder.

Brad A. Morcombe v. Kim D. Morcombe (NFP)
50A03-1104-DR-172
Domestic relation. Affirms division of assets.

Clara Combs v. State of Indiana (NFP)
72A05-1104-CR-148
Criminal. Affirms sentence for dealing in a schedule II controlled substance as a Class B felony.

Good Host, LLC v. Advanced Interventional Pain Center, LLC (NFP)
49A05-1105-PL-217
Civil plenary. Affirms finding that Good Host failed to state a claim for breach of contract under the theory of an assignment of the lease. Reverses dismissal of Good Host’s equitable assignment claim and remands for further proceedings.

P. Bryan Lilly, D.O. v. Tammy Meserve, as Natural Guardian of Samantha Jo Aders, Darien Aders, and Mason James Aders, minors (NFP)
19A04-1104-CT-193
Civil tort. Affirms in part and reverses in part judgment in favor of Meserve on her complaint alleging Dr. Lilly’s negligence resulted in Chad Aders’ death. Any error in the admission of Exhibit 4 or the expert testimony relating the content of the autopsy report did not affect Lilly’s substantial rights and was harmless. The trial court improperly denied Meserve’s request for attorney fees. Remands for the calculation of such.

In Re: (Supervised) Estate of Robert E. Bradley, Decedent; Phyllis C. Bradley v. Martha T. Starkey (NFP)
49A02-1103-EU-245
Estate, unsupervised. Affirms probate court’s order on the emergency petition to recover estate assets filed by Starkey.

Joshua Hudson v. State of Indiana (NFP)
87A05-1105-PC-280
Post conviction. Affirms denial of petition for post-conviction relief.

Najee Sabree Q. Blackman v. Samantha Maddox, et al. (NFP)
34A05-1106-CT-379
Civil tort. Affirms dismissal of Blackman’s complaint for damages.

R.D. v. Review Board of the Indiana Dept. of Workforce Development, et al. (NFP)

93A02-1103-EX-210
Agency appeal. Reverses denial of unemployment benefits.

Theresa L. Trensey and Louis L. Roth, Sr. v. Garland D. Anderson, M.D., Parkview Medical Group, and Unnamed Hospital, Inc. d/b/a Unnamed Hospital (NFP)
02A05-1104-CT-222
Civil tort. Affirms summary judgment in favor of Dr. Anderson, Parkview Medical Group and the unnamed hospital on the parents’ complaint for damages alleging medical malpractice.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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