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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. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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