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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. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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