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Opinions July 14, 2014

July 14, 2014
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7th Circuit Court of Appeals
Center for Inquiry, Inc., and Reba Boyd Wooden v. Marion Circuit Court Clerk and Marion County Prosecutor
12-3751
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Reverses the denial of an injunction to prevent the state from enforcing the marriage solemnization statute. Rules Indiana’s statute that prohibits officials of secular groups such as humanist societies from solemnizing marriages violates the First Amendment and the 14th Amendment’s Equal Protection Clause. Also remands with instructions to issue an injunction allowing certified secular humanist celebrants to solemnize marriages in Indiana. If the state amends its statute to allow notaries to perform marriages, the 7th Circuit held the District Court should be receptive to a motion to modify the injunction.


Indiana Court of Appeals
Terry Banks v. Denny Jamison, d/b/a, Automotive Hammerart
49A02-1304-PL-362
Civil plenary. Affirms in part, reverses in part and remands. Majority affirms summary judgment in favor of Jamison on Banks’ claims of civil theft and conversion, but holds Banks may proceed with a claim against Jamison under the Deceptive Consumers Sales Act. Finds a mechanic’s lien perfected by Jamison was invalid because Banks was not served notice. Judge Rudolph R. Pyle III concurs in part and dissents in part, agreeing with the majority but holding that Banks should have a day in court to press his civil theft and conversion claims.

Henry L. Shell, Jr. v. State of Indiana (NFP)
52A02-1307-CR-598
Criminal. Affirms aggregate 21-year sentence and convictions of Class B felony neglect of a dependent, Class D felony battery and Class A misdemeanor resisting law enforcement.


Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Monday.

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  2. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  3. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  4. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  5. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

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