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Opinions June 9, 2011

June 9, 2011
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7th Circuit Court of Appeals
Harriett Ellis, et al. v. CCA of Tennessee LLC d/b/a Corrections Corporation of America
10-2768
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms summary judgment in favor of CCA of Tennessee on the former jail nurses’ claims of racial discrimination, hostile work environment, and violations of the state whistleblower law. Although the District Court correctly determined there was no genuine issue of material fact related to the plaintiffs’ legal claims, the District Court erred with respect to its claim preclusion ruling. That was a harmless error.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Brian Smith v. Brendonwood Common, Inc.
49A02-1006-PL-785
Civil plenary. Affirms summary judgment for Brendonwood Common Inc. in Smith’s complaint alleging Brendonwood had violated its bylaws. Smith had no standing to bring his claim.

Josh Gold, Mitch Gold and Andrea Gold v. Cedarview Management Corp.
53A04-1007-PL-451
Civil plenary. Affirms the $48,520.44 plus interest summary judgment for Cedarview Management Corp. The trial court did not err by considering the lease agreement when determining Josh Gold was personally liable as guarantor of the lease for the payment of the settlement agreement; or by including the nonpayment of December 2008 rent in the amount owed for unpaid lease obligations outside the settlement agreement. Cedarview’s re-entry of the premises in February 2009 was not a breach of the lease.

Patrick J. Trainor v. State of Indiana
71A03-1010-CR-561
Criminal. Affirms convictions of and sentence for five counts of Class D felony counterfeiting. The state presented sufficient evidence to support the convictions and under the facts and circumstances of the case, Trainor’s aggregate sentence of seven and one-half years, suspended subject to five years probation, is appropriate.

United States Steel Corp., et al. v. Northern Indiana Public Service Co.
93A02-1006-EX-632
Agency action. The Indiana Utility Regulatory Commission erred when it determined that U.S. Steel’s delivery of electricity to ArcelorMittal made it a public utility for the purposes of I.C. 8-1-2-1(a). It also erred in determining that the steel provider was an “electricity supplier.” Remands with instructions to vacate these portions of the commission’s order. The commission correctly determined that U.S. Steel acted as a public utility regarding its delivery of natural gas to ArcelorMittal pursuant to I.C. 8-1-2-87.5(b) and that its resale of natural gas purchased from NIPSCO violated NIPSCO’s tariff ban on resale.

Ronald Williams v. State of Indiana (NFP)
49A02-1011-CR-1209
Criminal. Affirms murder conviction.

Term. of Parent-Child Rel. of B.M. and S.M.; J.B. v. IDCS (NFP)
28A01-1101-JT-18
Juvenile. Affirms involuntary termination of parental rights.

Asset Acceptance LLC v. Phillip Metz (NFP)
17A05-1011-CC-729
Civil corrections. Reverses order releasing the judgment as paid in full by the debtor and remands for further opinions.

Paternity of J.T.L.; J.D. v. L.L. (NFP)
45A04-1004-JP-287
Juvenile. Affirms denial of father’s motion to vacate, motion for change in magistrate, and motion for contempt and sanctions against the attorney who represented the mother.

Atashia Poe v. State of Indiana (NFP)
35A02-1008-CR-966
Criminal. Affirms sentence for Class A misdemeanor driving while suspended with a prior conviction.

William Lawhorn v. State of Indiana (NFP)
05A04-1009-CR-725
Criminal. Affirms sentence following guilty plea to Class B felony dealing in methamphetamine.

Rodney Simmons v. State of Indiana (NFP)
82A05-1006-CR-353
Criminal. Affirms sentence for Class C felony stalking.

Term. of Parent-Child Rel. of A.C., et al.; S.F. v. I.D.C.S. (NFP)
82A01-1010-JT-578
Juvenile. Affirms involuntary termination of parental rights.

William D. Harmon, Jr. v. State of Indiana (NFP)
79A05-1007-CR-473
Criminal. Vacates convictions of possession of a narcotic drug and for possession of cocaine, Counts IV, VI, VIII, and X. Vacates conviction of Count I, conspiracy to commit dealing in a narcotic drug.  Affirms habitual offender conviction and remands for the trial court to attach the habitual offender enhancement to a single conviction. Affirms admittance of evidence of Harmon’s prior conviction.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. 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???

  2. 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?

  3. 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

  4. 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.

  5. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

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