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Opinions Jan. 26, 2012

January 26, 2012
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.


Indiana Court of Appeals
Jeff Reeves v. Citizens Financial Services
93A02-1107-EX-604
Agency appeal. Affirms Worker’s Compensation Board’s decision that Reeves had reached maximum medical improvement, had a permanent partial impairment of five percent and wasn’t entitled to ongoing palliative care. Reeves failed to identify what type of care he should receive and the undisputed evidence does not show that palliative care limits the extent of his impairment.

Associated Estates Realty Corporation v. Angela Mason (NFP)
49A02-1105-CT-426
Civil tort. Grants rehearing and affirms original decision to reverse the denial of Associated Estates Realty Corp.’s motion for relief from judgment.

Duane R. Tackett v. State of Indiana (NFP)
18A05-1101-CR-7
Criminal. Affirms convictions of and sentence for Class B felonies rape, sexual misconduct with a minor and criminal deviate conduct and Class D felony child solicitation.

Richard H. Edwards v. State of Indiana (NFP)
19A04-1101-CR-26
Criminal. Affirms revocation of probation.

Meridian S.E.T., LLC v. Auditor of Marion County, Assessor of Marion County, and City of Indianapolis/Marion County (NFP)
49A02-1106-PL-482
Civil plenary. Affirms summary judgment in favor of the auditor, assessor and city of Indianapolis.

Moustapha Barry v. State of Indiana (NFP)
49A02-1105-CR-565
Criminal. Affirms conviction of and sentence for Class B felony dealing in cocaine.

Diana Bible v. St. Vincent Hospital (NFP)
93A02-1107-EX-600
Agency appeal. Affirms decision to deny claim for workers’ compensation benefits.

James Patrick Flinn v. Courtney Sue Flinn and James Erick Flinn (NFP)
43A04-1108-PL-455
Civil plenary. Reverses grant of Courtney Flinn’s motion for summary judgment on James Patrick Flinn’s complaint for conversion. Remands for further proceedings.

Casey Jackson v. State of Indiana (NFP)
67A01-1108-CR-340
Criminal. Affirms conviction of Class A misdemeanor battery resulting in bodily injury.

Ruth Dishman, Personal Rep. of the Estate of Julie A. Etchison v. Community Hospitals of Indiana, Inc., Medcheck Anderson, Troy Abbott, M.C., and Stephen Robertson (NFP)
48A02-1105-PL-467
Civil plenary. Affirms grant of partial summary judgment in favor of the medical defendants and Stephen Robertson in conjunction with a proposed complaint for medical malpractice.

Dairius Redding v. State of Indiana (NFP)
71A03-1107-CR-294
Criminal. Affirms decision to admit results of a buccal swab DNA analysis at trial and the finding of aggravating factors at sentencing.

Angelina M. Sanders v. State of Indiana (NFP)
20A03-1106-CR-297
Criminal. Affirms conviction of Class D felony domestic battery in the presence of a child.

Stacey Sills v. State of Indiana (NFP)
90A02-1107-CR-615
Criminal. Affirms sentence following guilty plea to two counts of Class C felony child molesting and one count of Class C felony child exploitation.

Lawrence Peterson and Fredrick Edmond v. Bruce Lemmon, et al. (NFP)
48A05-1102-MI-430
Miscellaneous. Affirms order granting a motion to dismiss action for mandate.

Jonathan Paugh v. State of Indiana (NFP)
67A01-1107-CR-298
Criminal. Reverses finding that Paugh is a credit restricted felon.

 

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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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