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Opinions June 29, 2012

June 29, 2012
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7th Circuit Court of Appeals
Zachary Medlock v. Trustees of Indiana University, et al.
11-3288
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Dismisses Medlock’s appeal of the denial of his request for a preliminary injunction to prevent the enforcement of a one-year suspension from the school. The appeal is moot because the 7th Circuit cannot grant any effectual relief.

Indiana Supreme Court
Walter Lyles v. State of Indiana
Criminal. Affirms conviction of Class A misdemeanor criminal trespass. At trial, there was evidence that the defendant was neither an owner nor an employee of the bank as well as evidence that the bank manager had authority to ask customers to leave the bank premises. This evidence, taken together, refuted each of the most reasonably apparent sources from which a person in the defendant's circumstances might have derived a contractual interest in the bank's real property: as an owner, as an employee, and as an account holder. Justice Rucker dissents.

Indiana Court of Appeals
City of Carmel v. Review Board of the Indiana Dept. of Workforce Development and Greg Park
93A02-1108-EX-841
Agency appeal. Reverses decision by the review board that Park was discharged, but not for just cause. The city of Carmel demonstrated that police officer Park’s actions were in violation of its rules and that his arrest of a juvenile, under the circumstances, constituted a failure to obey a lawful order under the employer’s rules.

T.B. v. Indiana Dept. of Child Services
79A04-1110-JT-594
Juvenile. Affirms involuntary termination of parental rights. Declines mother’s invitation to depart from the clear and unambiguous language of Indiana’s termination statute in order to judicially legislate an exception whereby mentally handicapped parents are immune from involuntary termination proceedings.

Doug Wynkoop v. The Town of Cedar Lake, Indiana, and the Town Council of the Town of Cedar Lake, Indiana
45A05-1111-PL-602
Civil plenary. Affirms summary judgment in favor of Wynkoop’s former employer on the issue of whether he possessed a constitutionally protected property interest in his position with the town of Cedar Lake so that he was entitled to due process before he was fired. The procedural manual emphasizes the at-will nature of the employment. Chief Judge Robb concurs in result with opinion.

Jeffrey A. Weisheit v. State of Indiana
10A01-1202-CR-58
Criminal. Affirms denial of bail for Weisheit, who is charged with two counts of murder and one count of Class A felony arson and faces the death penalty. Weisheit failed to meet the burden of proof that the state’s case against him is not strong enough to allow him to post bail.

Jennifer A. Kreegar v. Fifth Third Mortgage Company (NFP)
34A02-1110-MF-940
Mortgage foreclosure. Affirms denial of motion to correct errors and summary judgment ruling in favor of Fifth Third Mortgage Co.

Jack Haut v. State of Indiana (NFP)
75A05-1109-CR-512
Criminal. Affirms conviction of Class C felony reckless homicide.

John Hollins v. State of Indiana (NFP)
49A04-1109-PC-553
Post conviction. Affirms denial of petition for post-conviction relief.

Louis Board v. State of Indiana (NFP)
49A04-1111-CR-581
Criminal. Affirms conviction of Class A misdemeanor domestic battery.

Michael W. Pine, Jr. v. State of Indiana (NFP)
84A01-1111-CR-588
Criminal. Affirms sentence for dealing in methamphetamine as a Class B felony and three counts of Class C felony neglect of a dependent.

Reuben Garcia v. State of Indiana (NFP)
12A05-1112-CR-646
Criminal. Affirms sentence following guilty plea to Class C felony dealing in marijuana.

Harold L. Tice, Jr. v. State of Indiana (NFP)
15A04-1110-PC-631
Post conviction. Affirms denial of petition for post-conviction relief.

Joseph A. Taylor v. Sgt. Rinehart (NFP)
48A02-1110-PL-993
Civil plenary. Affirms dismissal of complaint alleging the Pendleton Correction Facility’s disciplinary procedures denied Taylor certain rights.

Term. of Parent-Child Rel. of C.C., Minor Child; C.C., Mother v. Indiana Dept. of Child Services, and Lake County Court Appointed Special Advocate (NFP)
45A04-1110-JT-591
Juvenile. Affirms involuntary termination of parental rights.

Kenneth Lainhart v. State of Indiana (NFP)
24A04-1105-CR-299
Criminal. Affirms convictions and sentence for Class B felonies conspiracy to manufacture methamphetamine and manufacturing methamphetamine.

In Re: The Marriage of L.R. v. J.R. (NFP)
45A04-1110-DR-526
Domestic relation. Affirms dissolution decree that ordered J.R. to pay $368 a week in child support, divided the marital property, found L.R. in contempt for willfully violating a provisional order, and ordered the parties pay their own attorney fees.

P.T. v. State of Indiana (NFP)
49A02-1111-JV-1063
Juvenile. Reverses adjudication as a delinquent child for committing what would be Class A misdemeanor criminal trespass when committed by an adult.

Indiana Tax Court posted no opinions at IL deadline.
 

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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