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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. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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