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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. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  2. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

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  4. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  5. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

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