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Opinions June 20, 2014

June 20, 2014
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The following opinions were posted after IL deadline Thursday:
7th Circuit Court of Appeals

James Nichols v. Michigan City Plant Planning Department, Michigan City Area Schools
13-2893
U.S. District Court, Northern District of Indiana, South Bend Division, Chief Judge Philip P. Simon.
Civil. Affirms summary judgment for Michigan City schools on Nichols’ allegations of Title VII violations. He did not provide sufficient evidence that demonstrates that the harassment he allegedly suffered while working as a temporary janitor was severe or pervasive. He also failed to provide sufficient evidence that his alleged harasser was a proximate cause of his firing because affidavits from his supervisors show that he would have been let go even if there was no feud between Nichols and the harasser.

Indiana Supreme Court
Ralph Andrews v. Mor/Ryde International, Inc.
20S04-1406-PL-399
Civil plenary. Grants transfer and reverses trial court holding that punitive damage restrictions apply under the Sales Representative Act. Holds that treble damages under the Act are not subject to the Punitive Damages Act.


Friday’s opinions
7th Circuit Court of Appeals

Fares Pawn LLC and William K. Saalwaechter v. Indiana Department of Financial Institutions, et al.
13-3240
U.S. District Court, Southern District of Indiana, Evansville Division, Chief Judge Richard L. Young.
Civil. Affirms summary judgment for the defendants on Saalwaechter’s lawsuit alleging the Department of Financial Institutions violated the equal protection clause when processing his application for a pawnbroking license. No reasonable jury could conclude that DFI treated Saalwaechter differently from similarly situated applicants without a rational reason.


Indiana Supreme Court
Nick McIlquham v. State of Indiana
49S05-1401-CR-28
Criminal. Affirms admittance of contraband found in an apartment by police during a warrantless search.  McIlquham and the other resident of the apartment consented to a full search of the apartment after their young child was found unsupervised wandering near a pond in their apartment complex.

Indiana Court of Appeals
DECA Financial Services, LLC v. Tina Gray
02A04-1311-SC-595
Small claim. Affirms denial of attorney fees as part of DECA Financial Services’ small claims judgment against Gray. The attorney fees provision of the agreement Gray entered into with Dupont Hospital for payment of medical services at the hospital and Emergency Medicine of Indiana only applies to Dupont and not to DECA, the assignee of debt owed by Gray to Emergency Medicine.

George Odongo v. State of Indiana (NFP)
79A04-1308-PC-377
Post conviction. Affirms denial of petition for post-conviction relief.

Patrick McDonald v. State of Indiana (NFP)
02A05-1311-CR-557
Criminal. Affirms conviction of Class A misdemeanor criminal recklessness with use of a vehicle.

German Espichan v. State of Indiana (NFP)
49A05-1310-CR-515
Criminal. Affirms conviction of Class B misdemeanor battery.

Jenni Hill v. State of Indiana (NFP)
29A02-1311-MI-942
Miscellaneous. Affirms determination of the Bureau of Motor Vehicles that Hill is a habitual traffic violator.

John F. VanDeVanter, Jr. v. State of Indiana (NFP)
59A01-1311-CR-484
Criminal. Affirms convictions of Class A felony dealing in methamphetamine, Class D felony possession of methamphetamine and Class A misdemeanors possession of marijuana and resisting law enforcement.  

Jane Shamley v. Gordon Shamley (NFP)
29A05-1401-DR-17
Domestic relation. Affirms order awarding Jane Shamely a 55 percent division of the marital assets.

Denon Taylor v. State of Indiana (NFP)
49A04-1305-PC-265
Post conviction. Affirms denial of petition for post-conviction relief.

Joseph B. Fowler v. Kathleen L. Fowler (NFP)
42A05-1402-DR-54
Domestic relation. Reverses denial of Joseph Fowler’s motion to correct error, which challenged an order for college expenses and child support arrearage.

Charles Coleman v. State of Indiana (NFP)
32A04-1310-CR-507
Criminal. Affirms revocation of probation and order Coleman serve 400 days of his previously suspended sentence in the Department of Correction.

OneWest Bank, FSB v. Jason Jarvis, Natalie Jarvis, Mortgage Electronic Systems, Inc., as Nominees for American Mortgage Network, Inc., GE Money Bank, et. al. (NFP)
45A05-1312-MF-615
Mortgage foreclosure. Reverses sanction imposed by the trial court upon finding OneWest in contempt and remands with instructions to remove that language from the September 2013 order.

Harry White, II v. State of Indiana (NFP)
02A03-1312-CR-498
Criminal. Affirms convictions and sentence for attempted murder, Class C felony intimidation, Class D felony strangulation, Class D felony auto theft and Class A misdemeanor interference with the reporting of a crime.

The Indiana Tax Court posted no opinions by IL deadline.




 

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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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