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Opinions Feb. 14, 2011

February 14, 2011
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The following opinion was posted after IL deadline Friday.
Indiana Supreme Court
In the Matter of Heather McClure O'Farrell
29S00-0902-DI-76
Discipline. Publicly reprimands O’Farrell for engaging in misconduct by making agreements for and charging unreasonable fees in violation of Indiana Professional Conduct Rule 1.5(a). She violated the rule by including an improper nonrefundability provision in her flat fee agreements and by charging and collecting flat fees that were nonrefundable regardless of the circumstances. Chief Justice Shepard and Justice Rucker dissent as to the sanction, finding a period of suspension without automatic reinstatement necessary for the protection of clients.

Today’s opinions
7th Circuit Court of Appeals
Cynthia Kartman, et al. v. State Farm Mutual Automobile Insurance Co., et al.
09-1725
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Reverses District Court ruling that a class claim for injunctive relief could proceed under Federal Rules of Civil Procedure Rule 23(b)(2) and certification of a class to determine whether State Farm should be required to re-inspect policyholders’ roofs pursuant to a uniform and objective standard. There is no contract or tort-based duty requiring the insurer to use a particular standard for assessing hail damage. Also, the requested injunction is neither appropriate nor final.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Ryan J. Goens v. State of Indiana
41A01-1006-CR-277
Criminal. Reverses denial of Goens’ motion to suppress. The traffic stop that resulted in his arrest for driving while intoxicated wasn’t supported by reasonable suspicion.

DBL Axel, LLC v. LaSalle Bank National Association, et al.
15A01-1003-PL-205
Civil plenary. Grants rehearing on the issue of whether the trial court’s order directing turnover of funds in favor of LaSalle Bank violated DBL’s due process rights to the extent that it had not been determined whether DBL was still in possession of the funds at the time the trial court issued the order. Holds that, where in question, the court must first make a factual determination as to the whereabouts of the property. Vacates original opinion, reverses, and remands.

Jeremy James Lahr v. State of Indiana (NFP)
02A03-1006-CR-337
Criminal. Affirms convictions of three counts of Class A felony child molesting, two counts of Class C felony child molesting, one count of Class D felony fondling in the presence of a minor, and one count of Class D felony dissemination of matter harmful to minors.

Charles Summers v. State of Indiana (NFP)
49A02-1006-CR-707
Criminal. Affirms conviction of Class D felony strangulation and reverses conviction of Class A misdemeanor battery. Remands for trial court to vacate battery conviction.

Jeruan L. Brown v. State of Indiana (NFP)
02A04-1006-CR-368
Criminal. Affirms conviction of Class B felony dealing in cocaine.

Michael P. Singh v. State of Indiana (NFP)
71A03-1007-CR-532
Criminal. Affirms conviction of Class D felony intimidation.

Sandra McDaniel v. State of Indiana (NFP)
24A01-1005-CR-264
Criminal. Affirms sentence following guilty plea to Class D felony operating a vehicle while under the influence of a controlled substance.

Jerry Williams v. State of Indiana (NFP)
49A02-1006-CR-708
Criminal. Affirms convictions of four counts of Class A felony criminal deviate conduct.

Auditor of Clark Ct., et al. v. JP Morgan Chase Bank N.A. (NFP)
10A05-1007-PL-418
Civil plenary. Reverses grant of summary judgment for JP Morgan Chase on the county’s complaint seeking recovery of penalties that the IRS had assessed against it for Chase’s refusal to honor the electronic funds transfer payment requests. Remands for further proceedings. Judge Baker concurs in result.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court granted four transfers and denied 34 for the week ending Feb. 11, 2011.
 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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