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.
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
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
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
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
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)
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)
Criminal. Affirms conviction of Class C felony reckless homicide.

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

Louis Board v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor domestic battery.

Michael W. Pine, Jr. v. State of Indiana (NFP)
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)
Criminal. Affirms sentence following guilty plea to Class C felony dealing in marijuana.

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

Joseph A. Taylor v. Sgt. Rinehart (NFP)
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)
Juvenile. Affirms involuntary termination of parental rights.

Kenneth Lainhart v. State of Indiana (NFP)
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)
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)
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. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...