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Opinions Feb. 20, 2013

February 20, 2013
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7th Circuit Court of Appeals
Columbus Regional Hospital v. Federal Emergency Management Agency
12-2007
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms summary judgment in favor of FEMA on the hospital’s lawsuit seeking $20 more in federal aid following a flood in 2006. Holds the District Court is the proper venue for the hospital’s lawsuit. Rejects the hospital’s claims that it is entitled to the cost of new equipment instead of cost less depreciation and that FEMA should not have deducted from the aid the $25 million it received from insurance.

Indiana Court of Appeals
Fredrick Allen Laux v. State of Indiana
27A04-1205-PC-269
Post conviction. Affirms denial of petition for post-conviction relief. Laux, who received a sentence of life without parole for killing his wife, failed to show he received ineffective assistance of his trial or appellate counsel.

Ralph Pipkin v. State of Indiana
49A02-1206-CR-447
Criminal. Dismisses Pipkin’s motion to dismiss the charge of Class D felony failure to register. Finds the appeals court lacks jurisdiction to hear the appeal.

State Farm Fire and Casualty Company v. Riddell National Bank

61A01-1204-PL-159
Civil plenary.  Affirms denial of State Farm’s motion to dismiss a suit brought by Riddell after State Farm denied coverage. Concludes the unambiguous contract and statutory language void the one-year limitation period in the parties’ contract and, pursuant to the policy’s conformity to state law provision, the 10-year statute of limitations provided by Indiana Code 34-11-2-11 applies and Riddell’s claim was timely.

In Re: The Matter of: David Woodward Cook v. Beth Ann Cook

49A04-1207-PO-370
Protective order. Reverses denial of David Cook’s motion to correct error and remands for a hearing on the merits of his motion. Cook challenged an order for protection and requested the deletion of his name and information from the Judicial Technology and Automation Committee website and law enforcement databases.

In the Matter of: Am.K., A Child In Need of Services and A.M. v. Marion County Department of Child Services and Child Advocates, Inc.

49A02-1207-JC-533
Juvenile. Affirms in part, reverses in part and remands for additional proceedings. The mother was adequately notified of DCS’s recommended plan of participation and she acquiesced to the trial court’s authority to enter a parental participation order even if DCS failed to file a parental participation petition. But DCS failed to present sufficient evident to overcome the mother’s liberty interest in deciding her own treatment when she objected to the order and presented evidence of her concerns.

Efren Radillo Diaz v. State of Indiana (NFP)
20A05-1209-PC-458
Post conviction. Affirms denial of petition for post-conviction relief.  

Charles James Popp v. State of Indiana (NFP)

82A01-1205-CR-197
Criminal. Affirms convictions of sexual misconduct with a minor as a Class C felony, nine counts of Class B felony sexual misconduct with a minor and Class A misdemeanor intimidation.

Jeannie A. Dickman v. State of Indiana (NFP)

82A01-1205-CR-202
Criminal. Affirms conviction of Class A misdemeanor conversion.

Bradley J. Oskey v. Review Board of the Indiana Department of Workforce Development and CL Schust Company, Inc. (NFP)

93A02-1203-EX-272
Agency action. Affirms denial of Oskey’s claim for unemployment compensation benefits.

Kathy J. Ragla v. Review Board of the Indiana Department of Workforce Development and Wendy's of Fort Wayne, Inc. (NFP)
93A02-1207-EX-550
Agency action. Affirms denial of unemployment benefits.

Jason A. Mejia v. State of Indiana (NFP)

20A03-1208-CR-346
Criminal. Affirms conviction of Class D felony failure to return to lawful detention.

Tami and Dennis Lockard v. Lawrence T. Newman (NFP)

49A05-1204-CC-202
Civil collection. Affirms judgment against the Lockards in Lawrence Newman’s suit for unpaid legal fees, but remands for explanation or recalculation of the prejudgment interest component.

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

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  1. Oh, the name calling was not name calling, it was merely social commentary making this point, which is on the minds of many, as an aside to the article's focus: https://answers.yahoo.com/question/index?qid=20100111082327AAmlmMa Or, if you prefer a local angle, I give you exhibit A in that analysis of viva la difference: http://fox59.com/2015/03/16/moed-appears-on-house-floor-says-hes-not-resigning/

  2. Too many attorneys take their position as a license to intimidate and threaten non attorneys in person and by mail. Did find it ironic that a reader moved to comment twice on this article could not complete a paragraph without resorting to insulting name calling (rethuglican) as a substitute for reasoned discussion. Some people will never get the point this action should have made.

  3. People have heard of Magna Carta, and not the Provisions of Oxford & Westminster. Not that anybody really cares. Today, it might be considered ethnic or racial bias to talk about the "Anglo Saxon common law." I don't even see the word English in the blurb above. Anyhow speaking of Edward I-- he was famously intolerant of diversity himself viz the Edict of Expulsion 1290. So all he did too like making parliament a permanent institution-- that all must be discredited. 100 years from now such commemorations will be in the dustbin of history.

  4. Oops, I meant discipline, not disciple. Interesting that those words share such a close relationship. We attorneys are to be disciples of the law, being disciplined to serve the law and its source, the constitutions. Do that, and the goals of Magna Carta are advanced. Do that not and Magna Carta is usurped. Do that not and you should be disciplined. Do that and you should be counted a good disciple. My experiences, once again, do not reveal a process that is adhering to the due process ideals of Magna Carta. Just the opposite, in fact. Braveheart's dying rebel (for a great cause) yell comes to mind.

  5. It is not a sign of the times that many Ind licensed attorneys (I am not) would fear writing what I wrote below, even if they had experiences to back it up. Let's take a minute to thank God for the brave Baron's who risked death by torture to tell the government that it was in the wrong. Today is a career ruination that whistleblowers risk. That is often brought on by denial of licenses or disciple for those who dare speak truth to power. Magna Carta says truth rules power, power too often claims that truth matters not, only Power. Fight such power for the good of our constitutional republics. If we lose them we have only bureaucratic tyranny to pass onto our children. Government attorneys, of all lawyers, should best realize this and work to see our patrimony preserved. I am now a government attorney (once again) in Kansas, and respecting the rule of law is my passion, first and foremost.

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