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Opinions Feb. 7, 2014

February 7, 2014
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7th Circuit Court of Appeals
The following opinion was issued after IL deadline Thursday.

Gary W. Helman v. Bruce Duhaime, et al.
12-3428
Civil. Affirms summary judgment in favor of defendants in a civil rights suit alleging police used excessive force when they shot Gary Helman, ending an armed standoff that began when authorities attempted to serve a warrant for his arrest at his home in Cromwell. Helman’s § 1983 complaint cannot survive summary judgment because he pleaded guilty to a class D felony count of resisting law enforcement in which evidence showed authorities only fired after Helman reached for his firearm.

Today’s opinions
Indiana Court of Appeals

In the Matter of the Adoption of A.A. and L.A., J.B. and S.B. v. R.C. and N.C. (NFP)
48A04-1304-AD-176
Adoption. Affirms trial court order granting maternal grandparents visitation with adopted children.

Cynthia M. Alvey v. State of Indiana (NFP)
07A01-1307-CR-328
Criminal. Affirms conviction of Class C misdemeanor driving while intoxicated.

Steven Percifield v. State of Indiana (NFP)
73A01-1307-CR-329
Criminal. Affirms order to serve 18-month suspended sentence for probation violation after a conviction of Class D felony operating a vehicle while intoxicated.

In Re the Guardianship of Ruth Carter, an Incompetent Adult, Colleen F. Batt v. Marsha K. Moore (NFP)
91A02-1306-GU-538
Guardianship. Affirms establishment of guardianship.

John Joseph Ramsey II v. State of Indiana (NFP)
32A04-1306-CR-275
Criminal. Affirms revocation of probation.

In Re: Adoption of L.A.C. and S.T.A., S.C. and L.A. v. N.C. and K.R. (NFP) 
48A02-1305-AD-462
Adoption. Affirms adoption of minor children without parental consent.

Patsy Moore d/b/a/ Cat Dog Trucking v. Roger Jerrell (NFP)
93A02-1308-EX-693
Agency action. Affirms order awarding worker’s compensation benefits.

 

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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