Opinions July 16, 2013

July 16, 2013
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7th Circuit Court of Appeals
Hoosier Environmental Council and Citizens for Appropriate Rural Roads v. United States Army Corps of Engineers and Indiana Department of Transportation
Civil/agency action. Affirms the U.S. Court for the Southern District of Indiana’s grant of summary judgment in favor of the Corps of Engineers, holding that the Corps evaluated all of the wetland-protection factors required in its approval of a Clean Water Act permit to construct a section of Interstate 69 about 25 miles south of Bloomington.  

Indiana Court of Appeals
Steven Weinreb v. Fannie Mae
Civil plenary. Affirms partial summary judgment to Fannie Mae for $1.81 million. Weinreb, a real estate investor who was held liable for the amount, appealed the summary judgment on the grounds that the implementation of the loan documents was ambiguous; the prepayment premium is unenforceable; and the guaranty along with the loan documents are unenforceable because of unconscionability. The COA finds no ambiguity in either the language or implementation of the documents. It also concludes the prepayment premium is enforceable as a matter of law because it fairly compensates Fannie Mae for lost interest. Finally, the court rules Weinreb was not in a position of weakness or unequal bargaining power when negotiating the loan so the guaranty and the loan documents are not unconscionable.   

Marshall Banter v. Joshua Sheets
Civil tort. Reverses and remands for a new trial in a claim arising from an automobile crash. The panel held that a jury that assigned 70 percent fault to Marshall Banter, a motorist rear-ended in an auto accident, was given incorrect instructions and misapplied the Indiana Comparative Fault Act. The panel further held that Joshua Sheets conceded liability and therefore the jury at a new trial shall only determine Banter’s damages.

The Cain Family Farm, L.P., and The Cain Family Farm, LLC, v. Schrader Real Estate & Auction Company, Inc., Charles O. Drerup, Antlers Ridge, LLC, and Candace J. Somerlott

Civil plenary. Affirms trial court ruling validating the purchase agreements on property sold at auction, agreeing with trial court rulings that there is no genuine issue of material fact regarding Candace Somerlot’s apparent authority to bind the LLC when she executed purchase agreements, and that the trial court correctly interpreted the Indiana Business Flexibility Act, I.C. 23-18-3-1.1(b).

William Chavers v. State of Indiana

Criminal. Affirms conviction for Class A misdemeanor invasion of privacy. Finds that Chavers failed to show he made an honest and reasonable mistake of fact that would have negated his culpability for violating a no-contact order. Concludes a “reasonable person” would have attempted to verify that both protective orders issued from Marion Superior Court 21 and Court 16 had been vacated before going to the victim’s residence. However, in his dissent, Judge John Baker argues the confusion over the two separate orders could have caused “an average person” to easily make a mistake regarding the status of the protective orders.

Jeramie Murdock v. State of Indiana (NFP)
Criminal. Affirms 20-year executed sentence and convictions of Class B felony dealing in methamphetamine, Class D felony possession of methamphetamine and Class D felony maintaining a common nuisance.

Jeffrey Nemcek v. State of Indiana (NFP)
Criminal.  Affirms conviction of Class C felony reckless homicide and Class B misdemeanor possession of a switchblade knife.

Scott Banfield v. State of Indiana (NFP)

Infraction. Affirms bench trial verdict against Scott Banfield and fine of $35.50 plus court costs for a speeding ticket.

Oscar Guillen, Sr. v. State of Indiana (NFP)
Criminal. Affirms convictions of two counts of Class D felony intimidation and adjudication as a habitual offender.

Patrick Wiese v. State of Indiana (NFP)

Criminal/rehearing. Reaffirms trial court denial of a motion to suppress evidence from a home search.

Eric M. Kyner v. State of Indiana (NFP)
Post-conviction. Affirms denial of petition for post-conviction relief from his designation as a sexually violent predator and placement on parole, which was revoked after a violation.

Christopher McCaster v. State of Indiana (NFP)

Criminal. Affirms habitual-offender sentence enhancement to a conviction of Class A felony conspiracy to deal in cocaine or a narcotic drug.

Romell Colvin v. State of Indiana (NFP)
Criminal. Affirms Class D felony conviction of dealing in marijuana.

Nicholas Joseph Bray v. State of Indiana (NFP)
Criminal. Affirms denial of motion to withdraw guilty plea to two counts of Class C felony child molesting.

Barbara Laskowski v. Amer Kazi, M.D. (NFP)
Civil plenary/medical malpractice. A majority of Judge Rudolph Pyle III and Chief Judge Margret Robb affirms summary judgment in favor of the defendant. Judge Melissa May dissents.

Jim A. Edsall v. Benson, Pantello, Morris, James & Logan (NFP)
Small claims. Affirms judgment against Jim Edsall for $981.31 in unpaid legal fees.

Kenneth Horton v. State of Indiana (NFP)
Criminal. Affirms revocation of probation on the suspended portion of a sentence for Class B felony rape.

Delford W. Jones v. State of Indiana (NFP)
Criminal. Reverses convictions of Class C felony child molesting and Class D felony sexual battery and remands to the trial court to enter a conviction of Class B misdemeanor battery and resentence Jones accordingly.

Susan Berg v. Wanda Peters Rice a/k/a Wanda Coleman (NFP)
Small claims. Affirms judgment in favor of Wanda Peters Rice a/k/a Wanda Coleman in a land contract dispute.

Melvin Lee Hayes v. State of Indiana (NFP)
Criminal. Remands to the trial court to recalculate credit for time served on convictions of Class D felony counts of possession of a controlled substance, possession of methamphetamine and theft.

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



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  1. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  2. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  3. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  4. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...

  5. Its a valid lawsuit. Since the civil war, States have no rights anyways. Get over it, people! You are all subjects now and merely "citizens of the world" anyways, with human rights and all that. Gov'nor knows that. This is just grandstanding to try and appease the red state troops still smarting over the "Gay rights" shoved down their unwilling throats. Gotta keep them "voting" in the kayfabe elections! After all, since nobody cares about the tens of millions of Mexicans here, what's a few Syrians going to do, anyways? Guess we'll find out! LOL