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Opinions July 11, 2014

July 11, 2014
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The following opinions were posted after IL deadline Thursday:

7th Circuit Court of Appeals
Stephanie Sue Carlson v. CSX Transportation
13-1944 and 13-2054
U.S. District Court, Southern District of Indiana, Evansville Division, Chief Judge Richard Young.
Civil. Reinstates claims dismissed by the District Court for sexual discrimination and retaliation. Finds that the court erred by dismissing most of Carlson’s Title VII claims for failure to state a claim upon which relief can be granted or were precluded by the Railway Labor Act. Declines to grant CSX’s cross-motion for summary judgment and remands for proceedings.

Indiana Supreme Court
In re the Involuntary Termination of the Parent-Child Relationship of K.W., a Minor Child, and His Mother, C.C.; K.W. v. Indiana Department of Child Services and Child Advocates, Inc.
49S02-1407-JT-458
Juvenile. Vacates termination of mother C.C.’s parental rights to her son, K.W., holding that the juvenile court abused its discretion by denying a motion to continue the termination hearing for which the mother was absent because she had been jailed.
 

Friday's opinion
Indiana Court of Appeals

Scott A. Wright v. State of Indiana
45A05-1310-CR-526
Criminal. Vacates Wright’s conviction of Class A felony child molesting and remands for a new trial. Finds the trial court erred in replacing a juror during deliberations. The juror was the lone vote to acquit and had stopped deliberating but he was not prejudicing the other jurors nor impairing Wright’s right to a trial by jury. Moreover, the trial court failed to explain to the jury that the removal of the single juror was not because the court agreed or disagreed with the juror’s views.

A.H. v. C.E.G., on behalf of G.S.
49A05-1310-PO-525
Protective order. Reverses grant of injunction against A.H. under the Workforce Violence Restraining Orders Act, finding that because the case grows out of a labor dispute, it is governed by the Anti-Injunction Act and therefore the trial court had no jurisdiction to issue the injunction. Remands with instructions to dismiss C.E.G.’s petition without prejudice.

In the Matter of the Termination of the Parent-Child Relationship of: Z.C., Minor Child, S.C., Mother v. The Indiana Department of Child Services
33A01-1310-JT-434
Juvenile. Affirms termination of parental rights of mother S.C. to son Z.C. Holds DCS presented sufficient evidence that the conditions under which the child was removed from mother’s care would not be remedied and that termination was in the child’s best interests.

Drakkar R. Willis v. State of Indiana
49A02-1310-CR-854
Criminal. Affirms conviction of Class A misdemeanor criminal trespass. The majority held that circumstantial evidence in the case was sufficient to affirm the conviction in light of the ruling in Meehan v. State, 7 N.E.3d 255 (Ind. 2014), in which DNA on a glove found at a crime scene was sufficient to support a burglary conviction. Dissenting Judge Michael Barnes found that the evidence against Willis wasn’t sufficient and that the ruling in Meehan doesn’t demand that tenets of the definition of “proof beyond a reasonable doubt” be altered.

In the Matter of the Adoption of D.M.B., D.P.B. (Father) v. T.M.N. (Stepfather) (NFP)
53A01-1312-AD-547
Adoption. Affirms grant of stepfather’s petition of adoption.

Andrea M. Fears and Edwin G. Fears v. Charles W. Asxom and Peggy L. Axsom as Trustees of the Charles W. Axsom and Peggy L. Axsom Revocable Trust (NFP)
07A04-1305-PL-243
Civil plenary. Affirms denial of the Fearses’ motion for summary judgment.
 
Racxon Cruze McDowell v. State of Indiana (NFP)
82A01-1311-CR-492
Criminal. Affirms conviction of murder.

In the Matter of the Termination of the Parent-Child Relationship of: D.R., Minor Child, and A.R., Father v. The Indiana Department of Child Services (NFP)
79A04-1312-JT-614
Juvenile. Affirms involuntary termination of father A.R.’s parental rights to D.R.

Damon Quarles v. State of Indiana (NFP)
49A02-1306-CR-588
Criminal. Affirms denial of petition for credit time not previously awarded.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by 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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