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Opinions July 8, 2013

July 8, 2013
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7th Circuit Court of Appeals
Cincinnati Life Insurance Company v. Marjorie Beyrer
12-2365
Civil plenary. Affirms District Court rulings against Marjorie Beyrer, widow of Kevin Beyrer, in a life insurance dispute. The court found no merit on the issues she appealed after she failed to be awarded proceeds from her husband’s life insurance policy that was assigned to a third party. Dismissal of some claims for failing to comply with federal pleading standards and summary judgment in favor of Cincinnati Life on other claims was not an abuse of discretion, the court ruled.

Indiana Court of Appeals
Jason J. Klinker v. State of Indiana (NFP)
08A05-1301-CR-26
Criminal. Affirms trial court’s sentence of three years for Class D felony escape.

In Re: Paternity of B.B.; M.B. v. Y.M.M. (NFP)
71A04-1208-JP-447
Juvenile Paternity. Affirms juvenile court’s finding that M.B., the father, was in contempt for failing to pay certain childcare expenses and that, Y.M.M., the mother, was not in contempt of any court order regarding visitation.

Tharl Pinkston v. State of Indiana (NFP)
38A02-1210-CR-829
Criminal. Affirms trial court’s revocation of Pinkston’s probation.

Jeffrey Bowles v. State of Indiana (NFP)
12A02-1208-CR-654
Criminal. Affirms Bowles’ conviction for Class D felony domestic battery.

Edwin Valladares v. State of Indiana (NFP)
49A04-1211-CR-568
Criminal. Affirms Valladares’ convictions following a bench trial for five counts of Class A felony child molesting, two counts of Class C felony child molesting, and one count of Class B misdemeanor voyeurism.

Daniel Paul Foster v. State of Indiana (NFP)

53A01-1209-CR-414
Criminal. Affirms trial court’s sentencing of Foster to an aggregated 26 years executed in the Department of Correction: 20 years for Class B felony aggravated battery, three years each for the two counts of Class D felony battery resulting in bodily injury to a penal facility employee (to be served consecutively to each other and to the 20 year sentence for Class B felony aggravated battery), and one year for Class A misdemeanor criminal mischief (to be served concurrently to the other sentences).

In Re The Guardianship of Carlton H. Word; Timothy W. Word and Tracy L. Wise v. Rance Buehrer, Guardian of Carlton H. Word (NFP)
76A03-1209-GU-395
Guardianship. Affirms trial court’s judgment that under the terms of the June 4, 1998, second amendment to Carlton’s trust, the Zimmerman Farm must be distributed as part of the trust residuary, rather than as a specific bequest under the trust or pursuant to an undelivered, unrecorded deed.

Christopher Long v. State of Indiana (NFP)
71A03-1211-CR-480
Criminal. Affirms post-conviction court’s denial of Long’s petition for post-conviction relief.

Terrence Boyd v. State of Indiana (NFP)
49A05-1210-CR-498
Criminal. Affirms Boyd’s conviction, after a bench trial, for battery as a Class B misdemeanor.

Benjamen Benjamen v. State of Indiana (NFP)
49A04-1210-CR-524
Criminal. Affirms Benjamen’s conviction for resisting law enforcement, a Class A misdemeanor.

The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline.

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  2. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  3. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  4. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  5. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

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