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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. 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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