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Opinions Jan. 19, 2011

January 19, 2011
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7th Circuit Court of Appeals
Anthony L. Smith v. Gilbert Peters, et al.
10-1013
U.S. District Court, Southern District of Indiana, Evansville Division, Chief Judge Richard Young.
Civil. Reverses District Court’s dismissal of Smith’s civil rights suit alleging prison employees violated his First and Eighth Amendment rights. Prison officials who recklessly expose a prisoner to a substantial risk of a serious physical injury may have violated a prisoner's Eighth Amendment rights and therefore are subject to those remedies that aren’t barred by 42 U.S.C. Section 1997e(e). Also, if the facts alleged in the complaint are true, Smith may have been punished for complaining about mistreatment. Remands for further proceedings.  

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Jeffrey Allen Rowe v. Indiana Dept. of Correction
46A03-1009-SC-444
Small claims. Dismisses interlocutory appeal of the trial court’s ruling on a motion filed by Rowe of a verified petition for an order waiving all or partial filing fees and court costs. The appellate court lacks jurisdiction because the small claims court’s ruling on his verified petition is not an interlocutory order appealable as a matter of right under Appellate Rule 4(A)(1), and because Rowe did not request a discretionary appeal pursuant to App. R. 14(B).

Leo Machine & Tool Inc., et al. v. Poe Volunteer Fire Dept. Inc., et al.
02A03-1003-PL-143
Civil plenary. Grants rehearing and affirms original opinion in full with the addition that the appellate court now also affirms the trial court’s summary judgment in favor of Anderson Excavating on the same legal grounds.

Christina Smith v. State of Indiana (NFP)
15A01-1003-CR-153
Criminal. Grants petition for rehearing and clarifies that Smith’s sentence should be revised to four years, with two years suspended to supervised probation.

Kathy Lynch v. Daryl and Elizabeth Ackerman (NFP)
37A03-1004-CC-193
Civil collection. Reverses judgment in favor of the Ackermans on Lynch’s complaint alleging breach of contract.

Jamie S. Weddle v. State of Indiana (NFP)
53A01-1006-CR-313
Criminal. Affirms convictions of Class A felony rape and Class B felony aggravated battery. Vacates conviction of Class D felony criminal confinement.

George Sheffer v. Gayle Sheffer n/k/a Gayle J. Curtiss (NFP)
45A05-1009-DR-543
Domestic relation. Affirms denial of George Sheffer’s motion to correct error.

State of Indiana v. Michael Williams (NFP)
49A02-1004-CR-412
Criminal. Reverses in part the court’s grant of Williams’ motion to suppress. Remands for further proceedings. Judge Riley dissents.

Frank E. Willis v. Keith Holder (NFP)
33A05-1009-CT-577
Civil tort. Affirms order granting summary judgment for Holder on Willis’ complaint for negligence.

Michael P. Wright v. State of Indiana (NFP)
34A05-1006-CR-412
Criminal. Affirms sentence following guilty plea to Class D felony resisting law enforcement.

Indiana Tax Court had posted no opinions at IL deadline.

 
 

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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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