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Opinions Feb. 1, 2013

February 1, 2013
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7th Circuit Court of Appeals
Eugene Devbrow v. Dr. Eke Kalu, et al.
12-2467
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Larry J. McKinney.
Civil. Reverses judgment for the defendants on prisoner Devbrow’s suit that two prison doctors and a prison nurse were deliberately indifferent to his serious medical needs in violation of the Eighth Amendment. The statute of limitations for a Section 1983 deliberate-indifference claim brought to redress a medical injury doesn’t begin to run until the plaintiff knows of his injury and its cause, so his suit is timely.

Indiana Court of Appeals
Travis Koontz v. State of Indiana
29A05-1202-CR-77
Criminal. Grants rehearing to correct a misstatement of the law, but affirms original opinion that held Koontz waived any claim of an illegal sentence by entering into a plea agreement that reduced his penal exposure. Judge Baker would reverse as previously stated in his dissenting opinion.

Judy Canada v. Countrywide Home Loans, Inc., Bank of America, N.A., BAC GP, LLC, and BAC Home Loans Services, LP (NFP)
49A05-1203-PL-154
Civil plenary. Affirms grant of a motion to reconsider filed by Bank of America in which the trial court reaffirmed its dismissal of Count I of Canada’s class action brought as a Complaint For Fraud on the court and dismissed Count II, which contained an allegation of violations of the Indiana Racketeer Influenced and Corrupt Organizations Act.

Alvino Pizano v. IDOC Commissioner Bruce Lemmons, IDOC Parole Chairman Gregory Server, CIF Superintendent Wendy Knight (NFP)
48A02-1209-MI-770
Miscellaneous. Affirms dismissal of lawsuit.

Term. of the Parent-Child Rel. of: Se.L.; N.L.; G.L.; J.L.; Sh.L.; L.L.; & I.L. (Minor Children), and D.L. (Mother) v. The Indiana Dept. of Child Services (NFP)
48A02-1207-JT-537
Juvenile. Affirms termination of parental rights.

Christopher Hanneman v. State of Indiana (NFP)
67A05-1207-CR-344
Criminal. Affirms conviction of Class B misdemeanor criminal mischief.

Theresa Pressinell v. State of Indiana (NFP)

20A03-1206-CR-267
Criminal. Affirms sentence following guilty plea to two counts of dealing in methamphetamine as Class A felonies.

Larry Johnson v. State of Indiana (NFP)
82A01-1111-CR-602
Criminal. Affirms denial of motion to correct error.

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

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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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