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Opinions June 18, 2013

June 18, 2013
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7th Circuit Court of Appeals
Robert Yeftich, et al. v. Navistar Inc. and Indianapolis Casting Corp.
12-2964
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms dismissal of complaint filed by group of unionized workers alleging breach of collective-bargaining agreement under Section 301 of the Labor Management Relations Act. The complaint lacked enough factual content to plead a plausible claim for breach of the duty of fair representation, which is required to pursue this litigation.

Indiana Supreme Court
Tim Berry, Auditor of State; M. Caroline Spotts, Principal Clerk of the House of Representatives; and The State of Indiana/ Brian C. Bosma, Speaker v. William Crawford, et al.
49S00-1201-PL-53 and 49S00-1202-PL-76
Civil plenary. Reversed the judgment of the trial court, remands and directs the trial court to grant the defendants’ motion to dismiss for lack of justiciability. A split court ruled the  House of Representatives has the authority, granted by the Indiana Constitution, to levy fines against members of the House Democratic Caucus for leaving during the 2011 and 2012 legislative sessions. Moreover, the doctrine of separation of powers precludes judicial consideration of the Democrats’ claims for relief. Justice Robert Rucker dissented, arguing the House’s constitutionally granted discretion to punish its members does not include the ability to reduce its members’ compensation.

Indiana Court of Appeals
Nationstar Mortgage, LLC v. Jeffrey A. Curatolo, Et Al.,
45A03-1211-MF-469
Mortgage foreclosure. Reverses order modifying Nationstar Mortgage’s mortgage agreement with Curatolo. The trial court lacked the authority to modify the agreement without the consent of both parties.

Bertram A. Graves, M.D. v. Richard Kovacs, M.D., Edward Ross, M.D., and Indiana University Health f;/k/a Clarian Health Partners, Inc.
49A05-1301-PL-1
Civil plenary. Reverses the granting of judgment on the pleadings in favor of Kovacs and Ross and remands for further proceedings. The court found that although Graves’ complaint may have been unartfully drafted, the trial court erred in concluding that the complaint failed to state any actionable claim against Kovacs and Ross.     
 
Duane Crocker v. State of Indiana

79A04-1210-CR-542
Criminal. Affirms trial court’s denial of Crocker’s motion to suppress evidence. The court ruled Crocker should have been Mirandized as soon as he entered the police car and therefore his incriminating statements should have been suppressed. However, Crocker had signed a ‘Pirtle’ form and did not admit to knowing he was transporting marijuana until after he consented to the search of his vehicle.

Dartanyan Porche v. State of Indiana (NFP)
79A04-1206-CR-328
Criminal. Affirms Porche’s conviction of felony murder and 55-year sentence.

Term. of the Parent-Child Rel. of J.F. and D.F. and S.K. v. Indiana Department of Child Services (NFP)
48A02-1211-JT-905
Juvenile termination. Affirms trial court’s judgment to terminate parental rights of S.K. and D.F.

Frank Tiller v. State of Indiana (NFP)
49A05-1211-CR-571
Criminal. Affirms Tiller’s conviction of felony murder following a jury trial. The court ruled that given the blood stain evidence and the close proximity in time and location that Tiller was to the victim, a reasonable trier of fact could conclude Tiller was guilty beyond a reasonable doubt.  

Thomas A. Dexter v. State of Indiana (NFP)
79A05-1210-PC-557
Post conviction. Affirms the denial of Dexter’s petition for post-conviction relief.   

Lake Shore Estates MHC, LLC. v. Michael H. Lane, Et Al. (NFP)
71A05-1210-PL-512
Civil plenary. Affirms grant of summary judgment in favor of the government defendants and the collection agent.  

Charles C. Hitt v. State of Indiana (NFP)

42A04-1210-CR-508
Criminal.  Affirms denial of Hitt’s motion to withdraw his guilty plea to a Class B felony conspiracy to commit dealing in methamphetamine. The court ruled Hitt did not show that the trial court abused its discretion by denying his request to withdraw his plea.  

David Lautenschlager v. State of Indiana (NFP)
49A04-1211-PC-653
Post conviction. Affirms denial of Lautenschlager’s petition for post-conviction relief.

Term. of Parent-Child Rel. of C.M. and M.M.; R.M. and Indiana Department of Child Services, Annette Marion and Kenneth Marion (NFP)
02A04-1209-JC-468
Juvenile. Affirms the trial court’s order or judgment of the court awarding custody of C.M. and M.M. to their grandparents, K.M. and A.M.  

Term. of the Parent-Child Rel. of J.C. and R.C. and S.C. and R.C. Sr., S.C. & R.C. Sr. v. Indiana Department of Child Services (NFP)
71A03-1211-JT-501
Juvenile termination. Affirms court’s order to terminate parental rights to J.C. and R.C., Jr.

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

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  1. I have dealt with more than a few I-465 moat-protected government attorneys and even judges who just cannot seem to wrap their heads around the core of this 800 year old document. I guess monarchial privileges and powers corrupt still ..... from an academic website on this fantastic "treaty" between the King and the people ... "Enduring Principles of Liberty Magna Carta was written by a group of 13th-century barons to protect their rights and property against a tyrannical king. There are two principles expressed in Magna Carta that resonate to this day: "No freeman shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers or by the law of the land." "To no one will We sell, to no one will We deny or delay, right or justice." Inspiration for Americans During the American Revolution, Magna Carta served to inspire and justify action in liberty’s defense. The colonists believed they were entitled to the same rights as Englishmen, rights guaranteed in Magna Carta. They embedded those rights into the laws of their states and later into the Constitution and Bill of Rights. The Fifth Amendment to the Constitution ("no person shall . . . be deprived of life, liberty, or property, without due process of law.") is a direct descendent of Magna Carta's guarantee of proceedings according to the "law of the land." http://www.archives.gov/exhibits/featured_documents/magna_carta/

  2. I'm not sure what's more depressing: the fact that people would pay $35,000 per year to attend an unaccredited law school, or the fact that the same people "are hanging in there and willing to follow the dean’s lead in going forward" after the same school fails to gain accreditation, rendering their $70,000 and counting education worthless. Maybe it's a good thing these people can't sit for the bar.

  3. Such is not uncommon on law school startups. Students and faculty should tap Bruce Green, city attorney of Lufkin, Texas. He led a group of studnets and faculty and sued the ABA as a law student. He knows the ropes, has advised other law school startups. Very astute and principled attorney of unpopular clients, at least in his past, before Lufkin tapped him to run their show.

  4. Not that having the appellate records on Odyssey won't be welcome or useful, but I would rather they first bring in the stray counties that aren't yet connected on the trial court level.

  5. Aristotle said 350 bc: "The most hated sort, and with the greatest reason, is usury, which makes a gain out of money itself, and not from the natural object of it. For money was intended to be used in exchange, but not to increase at interest. And this term interest, which means the birth of money from money, is applied to the breeding of money because the offspring resembles the parent. Wherefore of an modes of getting wealth this is the most unnatural.

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