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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. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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