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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. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

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  3. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  4. JLAP and other courtiers ... Those running court systems, have most substance abuse issues. Probably self medicating to cover conscience issues arising out of acts furthering govt corruption

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

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