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Opinions Feb. 7, 2012

February 7, 2012
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7th Circuit Court of Appeals
Roy Wirtz, et al. v. City of South Bend
11-3811
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Civil. Affirms dismissal of the city’s motion to appeal a case arising under the First Amendment’s establishment clause. Although the city is challenging two appealable orders, the challenge is untimely. The appeal is also moot.

Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.

Indiana Court of Appeals

Mitchell A. McCarter v. State of Indiana
26A04-1106-CR-409
Criminal. Reverses conviction of Class D felony sexual battery and remands with instructions to enter judgment as Class B misdemeanor battery. The state did not prove the element that D.H. perceived that she was compelled to submit to the groping of her buttocks through force or threat of force.

Benjamin Crossing Homeowners' Association, Inc. v. Rose Heide and David F. Wilkerson

79A04-1103-PL-185
Civil plenary. Reverses summary judgment for Heide and Wilkerson in their suit seeking declaratory judgment that the homeowners’ association couldn’t enforce a restrictive covenant to prohibit the operation of a child care business in their residences. The planned unit development ordinance has no affect on the association’s authority to enforce the private restrictive covenants at issue. Remands with instructions to enter summary judgment for the association on its request for injunctive relief and for further proceedings to determine an award of damages, if any.

Justin Woodhouse v. State of Indiana (NFP)
56A04-1105-CR-324
Criminal. Dismisses appeal of the trial court’s denial of Woodhouse’s motion to dismiss the state’s notice of a probation violation.

Christopher Short v. State of Indiana (NFP)
48A05-1107-CR-362
Criminal. Affirms denial of motion for discharge pursuant to Indiana Criminal Rule 4(B).

R.W. v. M.R. (NFP)
48A04-1106-MI-331
Miscellaneous. Reverses order on clarification granting M.R. visitation with R.W.’s minor children. Remands with instructions.
 

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  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. My situation was hopeless me and my husband was on the verge of divorce. I was in a awful state and felt that I was not able to cope with life any longer. I found out about this great spell caster drlawrencespelltemple@hotmail.com and tried him. Well, he did return and now we are doing well again, more than ever before. Thank you so much Drlawrencespelltemple@hotmail.comi will forever be grateful to you Drlawrencespelltemple@hotmail.com

  4. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  5. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

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