Opinions Dec. 22, 2011

December 22, 2011
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7th Circuit Court of Appeals
M.B., by his parents and next friends, Damian Berns and Amy Berns v. Hamilton Southeastern Schools and Hamilton-Boone-Madison Special Services
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Affirms summary judgment in favor of the schools on the Berns’ suit that the schools violated the Individuals with Disabilities Education Act and the provisions relating to special education in the Indiana Administrative Code by failing to provide M.B. with a free appropriate public education. There was nothing unreasonable about the determination by the hearing officer, the Board of Special Education Appeals, and the District Court in finding that M.B. was making progress under his individualized education program. The Berns are also not entitled to reimbursement for the costs to place M.B. in a learning center or for attorney fees.

Indiana Court of Appeals
Carl A. Staples v. State of Indiana
Criminal. Affirms trial court’s determination that Staples committed a crime of domestic violence and is now precluded from possessing a firearm in the future. It was reasonable to infer from the facts of the case that Staples and Tamica Burnett were, or had been, in a dating relationship.

James Lowery v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to manufacture of more than 10 pounds of marijuana as a Class C felony.

Gary J. Harrison v. Linda Turner and Deborah Hric (NFP)
Civil plenary. Affirms summary judgment in favor of nurses Turner and Hric.

Jeremy Dewayne Matheny v. State of Indiana (NFP)
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle while intoxicated.

In the Matter of the Term. of the Parent-Child Rel. of T.D.T., T.T.T., and M.T., and A.D.T. v. The Indiana Dept. of Child Services (NFP)
Juvenile. Affirms involuntary termination of father’s parental rights.

Senior Market Development, LLC and Ahren Baumgart v. Titan Financial Group, LLC (NFP)
Civil plenary. Affirms judgment awarding Titan Financial Group attorney fees and expenses on the company’s complaint for breach of contract. Remands for an assessment of appellate attorney fees against Senior Market Development and Ahren Baumgart.

Katie Herrera v. State of Indiana (NFP)
Criminal. Affirms revocation of probation.

Matthew P. Philbee v. State of Indiana (NFP)
Criminal. Affirms convictions of Class A felony child molesting, Class C felony child molesting, and Class D felony vicarious sexual gratification.

Stephen N. Kohlmeyer v. State of Indiana (NFP)
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle with ACE of 0.08 or more.

Dewayne A. Dunn v. State of Indiana (NFP)
Criminal. Affirms conviction of murder.

Mary Lou Duff v. Shawn D. Duff and Rebecca Duff (NFP)
Civil plenary. Affirms ruling that Mary Lou Duff’s complaint to recover possession of personal property is barred under the principles of res judicata.

George Parker v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class A felony dealing in cocaine.

R.S. v. State of Indiana (NFP)
Juvenile. Affirms order committing R.S. to the Indiana Department of Correction.

Roy N. Viverette, Jr. v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to three counts of Class B felony burglary.

Nathaniel Bobo v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class B felony aggravated battery.

Curtis W. Birner v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class C felonies carrying a handgun without a license and intimidation.

Valgene Royal v. State of Indiana (NFP)
Criminal. Dismisses appeal of the trial court’s denial of Royal’s motion for sentence modification.

Term. of Parent-Child Rel. of T.C. and K.N.; A.N. (Mother) and J.C. (Father) v. Indiana Dept. of Child Services (NFP)
Juvenile. Affirms termination of parental rights.

Nicole Nelson v. Review Board of Workforce Development and Madison Center, Inc. (NFP)
Agency appeal. Affirms dismissal of Nelson’s appeal to the Review Board of the Indiana Department of Workforce Development on the grounds she didn’t timely file it.

Shawn Thomas v. State of Indiana (NFP)
Criminal. Affirms denial of motion for withdrawal of guilty plea.

The Indiana Supreme Court and Tax Court had posted no opinions at IL deadline.



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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...