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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. 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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