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Opinions July 27, 2010

July 27, 2010
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7th Circuit Court of Appeals
Marion County Coroner’s Office v. Equal Employment Opportunity Commission and John Linehan
09-3595
Petition for review of an order of the EEOC. Upholds the EEOC determination that Coroner Ackles’ stated reason for taking action against Linehan was pretextual and that the EEOC had jurisdiction over Linehan’s retaliation claim. Reduces the compensatory damage award from $200,000 to a suggested $20,000. If the respondents do not consent to the remittitur, there will be a new hearing on the issue.

Prime Eagle Group Ltd., as assignee of the claims of Nakornthai Strip Mill Public Co. Ltd. v. Steel Dynamics Inc.
09-1663
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge James T. Moody.
Civil. Affirms judgment for Steel Dynamics in Prime Eagle’s suit that Steel Dynamics must pay damages in tort for withdrawing from a steel mill venture in Asia. Nakornthai’s injury began no later than July 1999 and the company had knowledge of the injury then, so its suit is beyond the statute of limitations.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals

Steven Spangler and Heidi Brown v. Barbara Bechtel, Expectations Women's Health & Child Bearing Center, et al.
49A05-0908-CV-482
Civil. Reverses summary judgment in favor of the defendants in Spangler and Brown’s suit for wrongful death and emotional distress after their child was stillborn. The parents have a valid claim for negligent infliction of emotional distress based on Brown’s direct involvement in the stillbirth. Holds that a mother who suffers a stillbirth due to medical malpractice qualifies as an injured patient and satisfies the actual victim requirement under the Medical Malpractice Act regardless of whether the malpractice resulted in injuries to the mother, the fetus, or both, and the parents may assert a claim for negligent infliction of emotional distress under Shuamber’s modified impact rule.

David A. Calvert v. State of Indiana
40A05-0911-CR-659
Criminal. Reverses conviction of Class B felony attempted robbery with a deadly weapon because the state failed to prove a substantial step. Calvert’s conviction of possession of a sawed-off shotgun as a Class D felony violates double jeopardy. Affirms convictions of Class B felony possession of a firearm as a serious violent felon. Affirms sentence and remands with instructions. Judge Kirsch dissents in part.

E.W. Revocable Trust
29A02-0910-CV-1004
Civil. Affirms order that the trustee pay the beneficiaries’ attorney fees, the reduction of the requested trustee fees, and the reduction of the amount of trustee’s attorney fees to be borne by the trust. The trustee breached duties owed to the objecting beneficiaries. Reverses order that the trustee bear the remaining portion of his attorney fees personally.

Cornelius Tyrone Lacey, Sr. v. State of Indiana
02A05-0910-CR-562
Criminal. Reverses denial of motion to suppress evidence obtained during the execution of a search warrant. There was probable cause for the issuance of the search warrant but the unilateral decision to dispense with the knock-and-announce rule was unreasonable under the Indiana Constitution. Judge Barnes concurs in result.

Damion Wilkins v. State of Indiana
02A03-0910-CR-451
Criminal. Reverses denial of motion to suppress evidence obtained during the execution of a search warrant. There was probable cause for the issuance of the search warrant but the unilateral decision to dispense with the knock-and-announce rule was unreasonable under the Indiana Constitution. Judge Barnes concurs in result.

Cedric Lewis v. State of Indiana
49A02-0908-CR-736
Criminal. Reverses conviction of Class B felony possession of a firearm by a serious violent felon. The state failed to satisfy its burden of showing that the warrantless search of the vehicle and the seizure of the gun were satisfied. Judge Kirsch concurs in result; Judge Mathias dissents.

Bradford Drake v. State of Indiana (NFP)
55A01-0912-CR-577
Criminal. Affirms sentence for two convictions of attempted murder as Class A felonies.

Term. of Parent-Child Rel. of M.D.; M.C. v. I.D.C.S. (NFP)
34A02-1001-JT-156
Juvenile. Affirms termination of parental rights.

Dionte-Daymone Jones v. State of Indiana (NFP)
45A05-1001-CR-4
Criminal. Affirms sentence following guilty plea to Class D felony auto theft.

Daniel Brownlee v. State of Indiana (NFP)
49A02-0912-CR-1259
Criminal. Affirms conviction of Class C felony burglary and Class D felony attempted theft.

James Eiteljorg, et al. v. Ralph E. Lean (NFP)
49A05-0912-CV-679
Civil. Reverses denial of Eiteljorg and Bharti’s motion for summary judgment in an action brought by Lean seeking contribution from them for violations of the Indiana Securities Law. Remands with instructions.

Daniel J. Emery v. State of Indiana (NFP)
52A04-0910-PC-583
Post conviction. Affirms denial of petition for post-conviction relief.

Associated Builders & Contractors Indiana Chapter, Inc., et al. v. Lori A. Torres (NFP)
49A02-0910-CV-995
Civil. Grants rehearing but affirms original opinion in all respects regarding the dismissal of the builders’ complaint for lack of standing.

Robert Emerson v. State of Indiana (NFP)
71A03-1001-CR-26
Criminal. Affirms conviction of Class C felony battery.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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