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.
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.,
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.
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

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)
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)
Juvenile termination. Affirms trial court’s judgment to terminate parental rights of S.K. and D.F.

Frank Tiller v. State of Indiana (NFP)
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)
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)
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)

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)
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)
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)
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 an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.