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Opinions July 20, 2010

July 20, 2010
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7th Circuit Court of Appeals
Brenda Chaney v. Plainfield Healthcare Center
09-3661
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Reverses the District Court’s order of summary judgment in favor of Plainfield Healthcare Center. Finds that Plainfield’s racial preference policy for patients violates Title VII of the 1964 Civil Rights Act. That policy, along with other incidents that occurred before Plainfield fired Chaney, contributed to a hostile work environment, and should be considered in determining whether Chaney was fired because of her race.

United States of America v. John Doe a/k/a Adaberto Guzman a/k/a Juaquin Tapia, Andres Cuellar-Chavez, and Enedeo Rodriguez Jr.
U.S. District Court, Northern District of Indiana, Fort Wayne Division. Judge Theresa L. Springmann
09-1658, 09-1756, 09-2242
Criminal. Affirms convictions of and sentences for conspiracy to possess with intent to distribute more than 100 kilograms of marijuana following a jury trial. Appellants were conspirators in a drug distribution ring whose scheme was infiltrated by an undercover officer. During sentencing hearings, the District Court overruled each defendant’s sentencing objections and imposed a sentence on each defendant.

Indiana Supreme Court had posted no opinions before IL deadline.

Indiana Court of Appeals
Jeffery H. McCabe, as Representative of the Estate of Jean Francis McCabe (deceased) v. Commissioner, Indiana Dept. of Insurance
49A02-0908-CV-728
Civil. Affirms trial court’s grant of partial summary judgment in favor of commissioner of the Indiana Department of Insurance as administrator of the Indiana Patient’s Compensation Fund, in which the trial court found that attorney fees and expenses incurred by the attorney representing the personal representative of a wrongful death estate are not recoverable damages under Indiana’s Adult Wrongful Death Statute.
 
Steven M. Rosenbaum v. State of Indiana
29A02-0911-CV-1097
Civil. Affirms trial court’s ruling Rosenbaum committed a Class A infraction even though he claimed he did not know the insurance had lapsed on the borrowed vehicle he was driving. According to Indiana Code Section 9-25-4-4, a person who knowingly operates a motor vehicle on a public highway, et al., commits a Class A infraction unless financial responsibility is in effect with respect to the motor vehicle.

John Thomas Pontius v. State of Indiana
29A04-1001-CR-24
Criminal. Affirms convictions of five counts of possession of child pornography, a Class D felony, for which Pontius received an aggregate sentence of three years in the Department of Correction, with 545 days executed and 550 days suspended to probation, following a bench trial. On appeal, Pontius claimed two of his convictions violated double jeopardy and that he received ineffective assistance of trial counsel.

Michael J. Shepherd v. State of Indiana (NFP)

70A01-0911-CR-529
Criminal. Affirms trial court’s order resentencing Shepherd after he successfully pursued post-conviction relief.
 
Kayla Johnson v. Timothy J. Reinhardt (NFP)
92A03-0912-CV-586
Civil. Affirms trial court order for Johnson to pay a portion of Reinhardt’s attorney fees.
 
Daniel Brewington v. Melissa Brewington (NFP)
69A05-0909-CV-542
Civil. Affirms trial court’s judgment and final order on marriage dissolution decree, division of the marital estate, and award of sole custody of the parties’ two minor children to mother.
 
S.T.P. v. State of Indiana (NFP)
71A04-0912-JV-729
Juvenile. Affirms juvenile court’s reinstatement of jurisdiction over S.T.P. for the purpose of establishing restitution after adjudicating him as a delinquent child and entering a dispositional order awarding him to the Department of Correction.

Andrew Hirsty v. Kathy Hirsty (NFP)
02A03-1002-DR-55
Civil. Affirms trial court’s determination of the child support to be paid by Andrew Hirsty’s ex-wife Kathy Hirsty.
 
Termination of Parent-Child Relationship of K.S; B.S. v. Indiana Dept. of Child Services (NFP)
82A01-1002-JT-76
Juvenile. Affirms termination of parental rights.

Zachary McCloud v. State of Indiana (NFP)
82A05-0911-CR-656
Criminal. Affirms convictions of an eight-year sentence for battery, a Class C felony, and resisting law enforcement, a Class A misdemeanor.
 
Kevin Early v. State of Indiana (NFP)
49A04-0912-CR-701
Criminal. Affirms conviction of resisting law enforcement, a Class A misdemeanor.
 
Christopher W. Turner v. State of Indiana (NFP)
29A02-0905-CR-479
Criminal. Affirms sentence of eight years for five counts of operating a vehicle while intoxicated following a guilty plea.
 
William Michael Lacy v. State of Indiana (NFP)
32A01-1002-CR-48
Criminal. Affirms conviction of strangulation; remands with instructions to vacate convictions of criminal confinement and battery.
 
Termination of Parent-Child Relationship of D.W. and T.W.; N.W. v. Indiana Dept. of Child Services, et al. (NFP)
49A02-0912-JV-1280
Juvenile. Affirms termination of parental rights.
 
Termination of Parent-Child Relationship of J.C.; M.C. v. Marion County Dept. of Child Services, et al. (NFP)
49A04-0912-JV-728
Juvenile. Reverses the involuntary termination of M.C.’s parental rights to her child, J.C., and remands with instructions.

Indiana Tax Court
Dekalb Co. Eastern Community School District v. Dept. of Local Government Finance
49T10-0906-TA-31
Tax. Reverses final determination of the Department of Local Government Finance. Given the actual language used in Indiana Code Section 6-1.1-18-12, the phrase “actual percentage increase” means increase only. If there is no increase, however, a zero value should be used in steps 2 and 4 of Indiana Code Section 6-1.1-18-12(e). Remands for further proceedings.
 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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