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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. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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