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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. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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