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Opinions Jan. 23, 2013

January 23, 2013
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7th Circuit Court of Appeals
John Doe v. Prosecutor, Marion County, Indiana
12-2512
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Reverses District Court decision to uphold statute prohibiting most registered sex offenders from using certain social networking and holds the law as drafted is unconstitutional. Though content neutral, the law is not narrowly tailored to serve the state’s interest. It broadly prohibits substantial protected speech rather specifically targeting the evil of improper communications to minors. Remands with instructions to enter judgment in favor of Doe and issue the injunction.

Indiana Court of Appeals
Fred C. Feitler, Mary Anna Feitler, and The Feitler Family Trust v. Springfield Enterprises, Inc., J. Laurie Commercial Floors, LLC, d/b/a Jack Lauries Floor Designs, and JM Woodworking Company
17A04-1206-PL-297
Civil plenary. Grants rehearing and concludes that JM Woodworking Co. was not required to issue a pre-lien notice in order to hold a mechanic’s lien, and therefore now affirms the trial court on this point. Denies J. Laurie’s petition for rehearing in full and reaffirms original opinion in all other respects.

D.L., Glen Black, Ann Black, Steven Lucas, and K.L., by her Next Friend, D.L. v. Christine Huck, Laura Zimmerman, Angela Smith Grossman, Rhonda Friend, Angyl McClaine, and IN. Dept. of Child Svcs.
79A04-1202-CT-61
Civil tort. Grants DCS’ petition for rehearing for the limited purpose of reminding counsel that relevant documents must be made a part of the record on appeal, and the record may not be supplemented on rehearing. Grants the family’s petition for rehearing in order to clarify the court’s reading of Indiana Code 31-25-2-2.5; to allow tort claims against DCS to proceed under a theory of vicarious liability, within the ITCA; and to allow federal civil rights claims to proceed. Affirms original opinion as to all matters not revised here.

David Bleeke v. State of Indiana, Edwin G. Buss, Gregory Server, Randall P. Gentry, Thor R. Miller, Valerie J. Parker, William R. Harris, Mia Kelsaw, Damita VanLandingham, and Susan Feasby
02A05-1201-PL-25
Civil plenary. Reverses granting summary judgment for the parole board and denying Bleeke’s motion for summary judgment. Remands with instructions that the trial court: (1) vacate its order granting summary judgment for the parole board and denying Bleeke’s motion for summary judgment; (2) enter an order granting Bleeke’s motion for summary judgment; (3) enter an order enjoining the parole board from enforcing any conditions premised on the fiction that Bleeke is a danger to minors; (4) enter an order enjoining the parole board from enforcing additional parole conditions 8, 5, 17, and 19 against Bleeke; and (5) enter an order enjoining the parole board from requiring Bleeke to incriminate himself as part of the Sex Offender Management and Monitoring Program.

Robert Earl Davis v. State of Indiana (NFP)
45A03-1203-CR-145
Criminal. Affirms murder conviction and 65-year sentence.

In the Matter of the Term. of the Parent-Child Rel. of: A.B. & P.B.; and E.B. v. The Indiana Dept. of Child Services (NFP)

35A05-1206-JT-298
Juvenile. Affirms termination of parental rights.

Michael Gregg v. State of Indiana (NFP)
48A02-1205-CR-400
Criminal. Affirms 20-year aggregate sentence following convictions of Class B felony dealing in methamphetamine and Class A misdemeanors resisting law enforcement and possession of marijuana.

Joshua C. Jackson v. State of Indiana (NFP)

35A02-1207-CR-589
Criminal. Affirms sentence following guilty plea to Class B felony robbery but reverses order Jackson pay restitution. Remands with instructions for the trial court to inquire about his ability to pay restitution, and if he is able, determine the amount to be paid and fix the manner of payment.

Michael L. Harris v. State of Indiana, Elkhart County Sheriff's Dept. (NFP)
20A03-1208-CR-345
Criminal. Dismisses appeal of denial of Harris’ request for return of property as moot.

Dennis Knight v. State of Indiana (NFP)

71A05-1208-CR-436
Criminal. Affirms conviction of Class C felony robbery.

Kevin Gene Rotino v. State of Indiana (NFP)
07A05-1205-CR-259
Criminal. Affirms Class D felony dealing in marijuana conviction.

Nathan Abbott, State of Indiana and Indiana State Police v. Michael Mitchell and Leonard Love (NFP)
45A03-1204-CT-167
Civil tort. Affirms jury verdict in favor of Mitchell and Love on their claims for false imprisonment.
 

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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?

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  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.

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