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Opinions July 13, 2011

July 13, 2011
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7th Circuit Court of Appeals
Jill Treat, et al. v. Tom Kelley Buick Pontiac GMC Inc, et al.
10-3166
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge William Lee.
Civil. Affirms summary judgment for Tom Kelley Buick and Kelley Automotive Group in the Treats’ suit under the Wage Payment Statute to recover unpaid wages. The Treats erroneously brought their claim under the Wage Payment Statute instead of the Wage Claims Statute.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Mari Miller v. Glenda Owens, et al.
52A05-1012-CP-742
Civil plenary. Affirms order finding Waterford Place was not in contempt of the court’s garnishment order only garnishing $12.17 of Fabian Calisto’s weekly disposable earnings. The trial court was not precluded from reconsidering the legal reasoning underpinning its earlier garnishment orders, Waterford’s arguments were not precluded by offensive collateral estoppel, and the trial court didn’t err in denying Mari Miller’s requests for attorney fees.

K.D., et al. v. Adrianne Chambers, R.N., et al.
49A04-1010-CT-636
Civil tort. Reverses in part and affirms in part. The trial court abused its discretion in excluding Dr. Daniel McCoy’s testimony based solely on his curriculum vitae without holding an Evidence Rule 702 hearing. The trial court did not abuse its discretion in granting the defendants’ motion in limine to exclude evidence that mother Michelle Campbell suffered negligent infliction of emotional distress because that claim was not sufficiently pleaded. The trial court correctly excluded the plaintiffs from introducing evidence of separate breaches of the standard of care not presented to the medical review panel, but because one of those claimed breaches is within the scope of their submission to the review panel, the COA reverses in part. Remands for further proceedings.

Larry Lefler v. State of Indiana (NFP)
82A04-1007-CR-479
Criminal. Affirms convictions of two counts of Class A felony child molesting and one count of Class C felony child molesting.

William Miller v. State of Indiana (NFP)
29A04-1010-CR-602
Criminal. Affirms conviction of Class A felony child molesting.

Matthew N. Williams v. State of Indiana (NFP)
65A01-1011-CR-591
Criminal. Affirms convictions of criminal recklessness as a Class C felony and Class D felony auto theft.

Term. of Parent-Child Rel. of J.P., et al.; D.P. v. IDCS (NFP)
82A04-1012-JT-807
Juvenile. Affirms involuntary termination of parental rights.

Dallas Washington v. State of Indiana (NFP)
49A02-1007-PC-801
Post conviction. Affirms denial of petition for habeas corpus.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. @BryanJBrown, You are totally correct. I have no words, you nailed it.....

  2. You have not overstated the reality of the present situation. The government inquisitor in my case, who demanded that I, on the record, to choose between obedience to God's law or man's law, remains on the BLE, even an officer of the BLE, and was recently renewed in her contract for another four years. She has a long history in advancing LGBQT rights. http://www.realjock.com/article/1071 THINK WITH ME: What if a currently serving BLE officer or analogous court official (ie discplinary officer) asked an atheist to affirm the Existence, or demanded a transsexual to undergo a mental evaluation to probe his/her alleged mindcrime? That would end a career. The double standard is glaring, see the troubling question used to ban me for life from the Ind bar right here: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners (see page 8 of 21) Again, what if I had been a homosexual rights activist before law school rather than a prolife activist? A gay rights activist after law school admitted to the SCOTUS and Kansas since 1996, without discipline? A homosexual rights activist who had argued before half the federal appellate courts in the country? I am pretty certain that had I been that LGBQT activist, and not a pro-life activist, my passing of the Indiana bar exam would have rendered me an Indiana attorney .... rather than forever banished. So yes, there is a glaring double standard. And some are even beyond the reach of constitutional and statutory protections. I was.

  3. Historically speaking pagans devalue children and worship animals. How close are we? Consider the ruling above plus today's tidbit from the politically correct high Court: http://indianacourts.us/times/2016/12/are-you-asking-the-right-questions-intimate-partner-violence-and-pet-abuse/

  4. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  5. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

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