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
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.
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.
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
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
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)
Post conviction. Affirms denial of petition for post-conviction relief.

Patrick McDonald v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor criminal recklessness with use of a vehicle.

German Espichan v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B misdemeanor battery.

Jenni Hill v. State of Indiana (NFP)
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)
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)
Domestic relation. Affirms order awarding Jane Shamely a 55 percent division of the marital assets.

Denon Taylor v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.

Joseph B. Fowler v. Kathleen L. Fowler (NFP)
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)
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)
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)
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. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. 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

  4. 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?)

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