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Opinions Dec. 6, 2010

December 6, 2010
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7th Circuit Court of Appeals
Brian D. Grigsby v. Ray LaHood, Secretary of the U.S. Department of Transportation
U.S. District Court, Southern District of Indiana, Indianapolis Division, Chief Judge Richard L. Young.
Civil. Affirms summary judgment for the Department of Transportation in his suit claiming he wasn’t hired because of his Native American heritage. Grigsby was not qualified for any of the positions he applied for.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Rex E. Breeden Revocable Trust v. Rebecca Jane Hoffmeister-Repp
03A04-1003-CT-185
Civil tort. Affirms summary judgment for Hoffmeister-Repp on the trust’s complaint for rescission and/or damages of an agreement to purchase Hoffmeister-Repp’s residence. Concludes that exception nine - transfers to a living trust - enacted in I.C. § 32-21-5-1(9) only applies when the transfer occurs between a seller and the seller’s own living trust. Therefore, Hoffmeister-Repp was required to comply with the statute and to complete a disclosure form. Finds the trust’s fraud claim fails and there is insufficient designated evidence to support a finding of mutual mistake.

Charles E. Green v. State of Indiana
49A05-1001-CR-37
Criminal. Affirms felony murder conviction. Based on the evidence, a trier of fact could reasonably infer that Green murdered the victim, or at the very least, he aided, induced or caused James Townsend to murder her. Also, Jury Instruction 21(F) as a whole was not misleading.

Peggy J. Rider and James R. Rider v. Larry L. McCamment, et al.
16A01-1004-CT-180
Civil tort. Affirms summary judgment for McCamment as landowner because Peggy Rider’s negligence claim against him fails as a matter of law. Reverses summary judgment for independent contractor Lee. Although Lee exercised control over the premises, the facts designated aren’t sufficient to conclude whether Rider was rightfully on the premises and whether she was a foreseeable visitor. Judge Kirsch concurs in part and dissents in part.

Northeast Civic Association, Inc. et al. v. Gloria J. Beard, et al. (NFP)
49A02-1003-PL-470
Civil plenary. Affirms summary judgment in favor of defendants Gloria J. Beard and others in Northeast Civil Association’s verified compliant to quiet title and for damages.

Guillermo Toledo v. State of Indiana (NFP)
02A03-1006-CR-360
Criminal. Affirms sentence following guilty plea to operating a vehicle while intoxicated causing death as a Class B felony, and to being a habitual controlled substance offender.

Quantita L. Jackson v. State of Indiana (NFP)
48A02-1005-CR-581
Criminal. Reverses order Jackson serve an executed sentence following her guilty plea to Class C felony fraud on a financial institution. Remands with instructions.

Ira James Washington, Jr. v. State of Indiana (NFP)
45A03-1003-CR-151
Criminal. Affirms sentence following guilty plea to Class B felony attempted aggravated battery and Class D felony battery.

Patrick T. Tolbert v. State of Indiana (NFP)
49A02-1005-CR-545
Criminal. Affirms convictions of Class B felonies robbery and criminal confinement.

Stephen Ray Jones, Jr. v. State of Indiana (NFP)
48A04-1003-CR-161
Criminal. Affirms revocation of probation.

Barry Wanner v. Jill Hutchcroft (NFP)
79A02-1004-DR-467
Domestic relation. Affirms order Wanner pay Hutchcroft more than $37,000 to compensate her for a tax liability assumed when she liquidated part of his TIAA-CREF retirement account.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court denied seven transfers for the week ending Dec. 3.
 

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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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