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Opinions Feb. 5, 2014

February 5, 2014
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The following opinions were posted after IL deadline Tuesday:
7th Circuit Court of Appeals

Kendale L. Adams, et al. v City of Indianapolis
12-1874
U.S. District Court for the Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. In a consolidated appeal, affirms entry of summary judgment for the city on the officers’ disparate-treatment claims because the plaintiffs had not produced any evidence that using the test results to make promotions was a pretext for discrimination. Affirms dismissal of new claims brought as barred by res judicata because the same eligibility list generated by the testing process was at issue in the first case.

Indiana Court of Appeals
In Re the Involuntary Termination of the Parent-Child Relationship of T.S., C.S., and I.S.: S.R. v. The Indiana Department of Child Services and Child Advocates, Inc. (NFP)
49A04-1307-JT-354
Juvenile. Affirms termination of parental rights.

The Board of Commissioners of the County of Jefferson v. Teton Corporation, Innovative Roofing Solutions, Inc., Gutapfel Roofing, Inc. and Daniel L. Gutapfel
72A04-1302-CT-55
Civil tort. Affirms summary judgment in favor of the Teton Corp. and other appellees. Holds that, under the terms of the American Institute of Architects Contract the Board of Commissioners of Jefferson County entered into with Teton, Jefferson County’s claims for damages against the appellees are barred. Judge Brown dissents.

Wednesday’s opinions
Indiana Court of Appeals

H.H. v. A.A.
03A01-1308-DR-354
Domestic relation. Affirms denial of mother’s request to relocate with the child to Hawaii. She has shown a good faith and legitimate reason for proposing the relocation, but the trial court did not err when determining it was not in the child’s best interests.
 
Everett Sweet v. State of Indiana
35A02-1305-PC-451
Post conviction. Grants the state’s petition for rehearing, vacates prior opinion and substitutes the prior opinion with this opinion on rehearing. The original decision mistakenly relied on Norris v. State instead of Helton v. State. Helton, like Sweet’s case, involved a petition filed pursuant to Indiana Post Conviction Rule 1(a)(1).

Timothy Ladana Hazelwood v. State of Indiana
49A04-1305-MI-239
Miscellaneous. Affirms denial of Hazelwood’s petition to rescind the lifetime suspension of his driving privileges. I.C. 9-30-10-14 and 9-30-10-15 are not unconstitutional as applied to him and driving is a privilege not a right. The suspension of his driving privileges is not punitive.

Steven Winters v. State of Indiana (NFP)
49A02-1307-CR-630
Criminal. Affirms conviction of Class B misdemeanor battery.

Christopher King v. Karen Patrick (NFP)
49A02-1305-PL-461
Civil plenary. Affirms King’s conversion conviction and the calculation of damages.

Alexander Trueblood v. State of Indiana, County of Marion, City of Indianapolis (NFP)
49A02-1210-OV-868
Ordinance violation. Affirms speeding infraction.

Indiana Supreme Court and Tax Court posted no opinions at IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.
 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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