ILNews

Opinions June 29, 2012

June 29, 2012
Keywords
Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

  2. The Indiana DOE released the 2015-2016 school grades in Dec 2016 and my local elementary school is a "C" grade school. Look at the MCCSC boundary maps and how all of the most affluent neighborhoods have the best performance. It is no surprise that obtaining residency in the "A" school boundaries cost 1.5 to 3 times as much. As a parent I should have more options than my "C" school without needing to pay the premium to live in the affluent parts of town. If the charter were authorized by a non-religious school the plaintiffs would still be against it because it would still be taking per-pupil money from them. They are hiding behind the guise of religion as a basis for their argument when this is clearly all about money and nothing else.

  3. This is a horrible headline. The article is about challenging the ability of Grace College to serve as an authorizer. 7 Oaks is not a religiously affiliated school

  4. Congratulations to Judge Carmichael for making it to the final three! She is an outstanding Judge and the people of Indiana will benefit tremendously if/when she is chosen.

  5. The headline change to from "religious" to "religious-affiliated" is still inaccurate and terribly misleading.

ADVERTISEMENT