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Opinions July 3, 2014

July 3, 2014
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The following 7th Circuit Court of Appeals opinions were posted after IL deadline Wednesday:
Gene Williams on behalf of Pamela J. Townsend v. Carolyn W. Colvin, acting commissioner of Social Security
13-3607
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Magistrate Judge John E. Martin.
Civil. Reverses District Court’s affirmation of the administrative law judge’s decision that Townsend became totally disabled as of Nov. 1, 2008.

Mark Suesz v. Med-1 Solutions LLC
13-1821
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. On rehearing en banc, reverses previous ruling that affirmed the dismissal of Suesz’s lawsuit involving venue in Marion County Small Claims Township courts. Overturns decision in Newsom and holds that the smallest judicial district under the Fair Debt Collections Practices Act is the township, not the county. Judge Sykes concurs; Judges Kanne and Flaum dissent.

Thursday’s opinions
Indiana Court of Appeals

G. Kevin Powell v. Estate of Gary Powell
88A01-1402-PL-59
Civil plenary. Reverses trial court ruling granting the estate and Powell one-half of the real estate in question as tenants in common. Finds when a property is conveyed to individuals by the entirety or entireties, regardless of whether those individuals are husband and wife, a presumption arises that the grantor intended to convey the property with the right of survivorship. This is sufficient to establish the intent to create an estate in joint tenancy with right of survivorship within the meaning of I.C. 32-17-2-1(c)(2).

William H. Royal, II v. State of Indiana (NFP)
02A05-1311-CR-584
Criminal. Affirms convictions of Class B felony robbery resulting in bodily injury and Class D felony theft. Reverses conviction of Class A misdemeanor battery resulting in bodily injury and remands with instructions to reduce Royal’s battery conviction to a Class B misdemeanor and impose a new sentence for that offense.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.

 

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  1. Hello currently just withdrew from laporte county drug court and now I have lost the woman I love which also was in drugcourt and was put in jail without a,lawyer presentfor her own safety according to the judge and they told her she could have a hearing in two weeks and now going on 30days and still in jail no court date and her public defender talks like he,s bout to just sell her up the river.

  2. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  3. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  4. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  5. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

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