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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. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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