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Opinions June 11, 2013

June 11, 2013
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7th Circuit Court of Appeals
Judson Atkinson Candies, Incorporated v. Kenray Associates, Incorporated, Charles A. McGee and Kenneth J. McGee
12-1035, 12-1036
U.S. District Court, Southern District of Indiana, New Albany Division, Magistrate Judge William G. Hussmann Jr.
Civil. Reverses District Court ruling that Judson Atkinson must demonstrate that it had been induced by fraud to enter into the integration clause in a settlement agreement between it and Kenray Associates, as opposed to the agreement as a whole, in order to circumvent the parol evidence rule. Indiana law does not impose such a bright-line rule.

United States of America v. $196,969.00 United States Currency; Rodney Johnson

12-3414
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge Jane E. Magnus-Stinson
Civil. Reverses dismissal of Johnson’s claim that he has rights to the money found in his home after a search by police and order of forfeiture of the money. The reasons given by the judge and the alternative ground argued by the government are unsound. Remands for the District Court to decide whether to give Johnson another try to assert his claim.

Jennifer Hitchcock v. Angel Corps, Inc.
12-3515
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Magistrate Judge Roger B. Cosbey
Civil. Reverses summary judgment for Angel Corps on Hitchcock’s claim she was fired because she was pregnant. She submitted evidence that the supervisor who fired her expressed animus toward pregnant women and treated Hitchcock differently after learning she was pregnant. Many of Angel Corps’ explanations for the firing were shifting, inconsistent, and/or factually implausible. Remands for further proceedings.

Indiana Court of Appeals
Deshaun Richards v. State of Indiana (NFP)
02A03-1211-CR-467
Criminal. Affirms conviction and sentence for Class B felony robbery.

In Re The Paternity of R.M., a minor; B.M. v. A.T. (NFP)
39A01-1209-JP-441
Juvenile. Reverses denial of father’s petition to modify custody and remands with instructions to hold a hearing in regard to the supplemental GAL report and to reconsider his petition to modify custody in light of that hearing and all other evidence introduced concerning the petition.

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

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  1. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

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