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Opinions June 10, 2014

June 10, 2014
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7th Circuit Court of Appeals
Eric Grandberry v. Brian Smith, superintendent, Plainfield Correctional Facility
12-2081
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge William T. Lawrence.
Civil. Reverses discipline and revocation of 30 days of Grandberry’s good-time credits for unauthorized use of an electronic device. Remands with instructions to issue a writ of habeas corpus restoring Grandberry’s good-time credits. Library staff asked him to use the computer to fill out forms that he was not supposed to complete as head inmate law clerk.

Indiana Court of Appeals
Lora Hoagland v. Franklin Township Community School Corporation
49A02-1301-PL-44
Civil plenary. Affirms in part and reverses in part. Affirm the trial court’s conclusion that Hoagland is not entitled to legal relief, as there is no right of action for monetary damages under the Indiana Constitution. Concludes that the Indiana Tort Claims Act does not apply to Hoagland’s state constitutional claim, and reverses the trial court on that ground. Also concludes that Franklin Township acted unconstitutionally by discontinuing student transportation to and from school and by later contracting with
CIESC to provide that transportation for a yearly fee, and Hoagland is entitled to declaratory judgment. Remands with instructions.

West Bend Mutual Insurance Company and K.B. Electric, LLC v. MacDougal Pierce Construction, Inc., Amerisure Insurance Company, et al.
06A01-1304-CT-162
Civil tort. Affirms trial court judgment in all respects. Concludes that the trial court correctly granted summary judgment in favor of Amerisure and MacDougall. The parties’ rights and liabilities to each other were outlined contractually by the terms of indemnification. Once that determination was made, then the insurance coverage issues could be resolved. Thus, the trial court’s decision on indemnification was not premature, but in fact, necessary to prevent the hazards of circular litigation. The subcontract explicitly referred to the prime contract and other documents, incorporating their terms into the subcontract. That K.B. Electric obtained umbrella coverage from West Bend further evinces the understanding that K.B. Electric was required to do just that.

Kevin M. Barber v. State of Indiana (NFP)
53A01-1310-CR-464
Criminal. Affirms denial of motion to correct erroneous sentence.

Latoya C. Lee v. State of Indiana (NFP)
49A02-1310-CR-867
Criminal. Affirms conviction and sentence for Class B felony attempted aggravated battery but remands with instructions to correct error in the abstract of judgment.

Robert F. Petty v. State of Indiana (NFP)
72A05-1310-CR-538
Criminal. Affirms conviction of Class B felony unlawful possession of a firearm by a serious violent felon.

Michael A. Riley v. Oscar and Linda Sandlin (NFP)
32A01-1310-PL-453
Civil plenary. Affirms judgment in favor of the Sandlins on Riley’s action alleging conversion.

Ted Mueller, Jr. v. State of Indiana (NFP)
82A05-1305-CR-240
Criminal. Affirms convictions of murder and Class C felony conspiracy to commit robbery.

Dwayne Anderson v. State of Indiana (NFP)
49A04-1309-CR-468
Criminal. Affirms conviction of possession of marijuana as a Class A misdemeanor.

Brandon Kincheloe v. State of Indiana (NFP)
03A05-1312-CR-640
Criminal. Dismisses appeal filed after Kincheloe’s probation was revoked.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
 

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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