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Opinions March 12, 2014

March 12, 2014
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The following 7th Circuit Court of Appeals opinions were posted after IL deadline Tuesday:
Cindy Golden v. State Farm Mutual Automobile Insurance Company
12-3901
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge James T. Moody.
Civil. Affirms dismissal of Golden’s complaint under Rule 12(b)(6) and denies her motion to certify questions of state law to the Indiana Supreme Court. She alleges in her lawsuit that State Farm owes its insureds a duty to explain at the time a policy is issued that in-house counsel may be used to defend its insureds against third-party claims.

David R. Snyder v. J. Bradley King, Trent Deckard, Linda Silcott and Pam Brunette
13-1899
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms dismissal of the state-affiliated defendants King and Deckard on immunity grounds and finding that Snyder failed to state a claim against the county-affiliated defendants Silcott and Brunette. Snyder filed a lawsuit after he was turned away from the polls because his registration had been revoked while he was incarcerated. The lawsuit was properly dismissed on immunity and Monell grounds alone. Chief Judge Wood concurs in result.

Wednesday’s opinions
Indiana Supreme Court

State of Indiana v. I.T.
20S03-1309-JV-583
Juvenile. Affirms trial court’s grant of I.T.’s motion to dismiss a delinquency petition filed against him based on information discovered during a polygraph exam administered as part of his probation. Concludes the state could appeal the decision because the trial court essentially suppressed evidence ending the proceeding. Reconciles the limited immunity in part (b) of the Juvenile Mental Health Statute with the constitutional privilege against self-incrimination, and construes the statute to conform to that privilege. Here, I.T.’s statements during a court-ordered therapeutic polygraph were impermissibly used against him.

Indiana Court of Appeals
Kimberly D. Blankenship v. State of Indiana
55A05-1307-CR-342
Criminal. Affirms convictions of Class D felonies unlawful possession of a syringe and maintaining a common nuisance. The officers’ reliance on the search warrant was objectively reasonable under Article 1, Section 11 of the Indiana Constitution and, as such, any defect in probable cause underlying the warrant does not render the evidence inadmissible under the exclusionary rule.

In re the Adoption of: J.T.D. & J.S. (Minor Children), Children to be Adopted, and N.E. (Prospective Adoptive Parent) v. Indiana Department of Child Services
45A03-1308-AD-310
Adoption. Affirms denial of DCS’ motions that N.E.’s petition to adopt be transferred from Lake Superior Court to juvenile court, where proceedings are pending for the involuntary termination of parental rights regarding the children. Pursuant to statute, the Civil Division of the Lake County Court System, which includes the Lake Superior Court, has exclusive jurisdiction to adjudicate adoption petitions.

Steven Cox v. State of Indiana (NFP)
79A05-1305-CR-216
Criminal. Affirms conviction of Class A felony conspiracy to commit dealing in methamphetamine.

Arafat Isa v. Catherine A. Adams, Christopher J. Perry, and State Farm Insurance Company (NFP)
64A04-1307-CT-349
Civil tort. Affirms judgment on the evidence in favor of Adams, Perry and State Farm on Isa’s complaint seeking damages arising from a multi-vehicle collision.

Personal Resource Management, Inc., and Margaret A. Ditteon v. Evanston Insurance Company (NFP)
84A01-1304-PL-157
Civil plenary. Affirms summary judgment in favor of Evanston Insurance Co. on Personal Resource Management Inc.’s and Ditteon’s complaint alleging breach of contract and seeking of damages and a declaration that claims they submitted are covered.

Ty Wilkerson v. State of Indiana (NFP)
79A02-1303-CR-234
Criminal. Affirms denial of motion to set aside guilty plea to Class A felony dealing in methamphetamine.

Tasha Ensley, et al. v. Veterans of Foreign Wars, et al. (NFP)
02A03-1308-CT-340
Civil tort. Affirms summary judgment in favor of the Veterans of Foreign Wars, Department of Indiana, in the plaintiffs’ negligence action.

In the Matter of the Termination of the Parent-Child Relationship of: K.S. (Minor Child), and W.W. (Father) v. The Indiana Department of Child Services (NFP)
34A02-1310-JT-876
Juvenile. Affirms termination of parental rights.

Kaneka S. Kidd v. State of Indiana (NFP)
45A04-1308-CR-398
Criminal. Affirms conviction and sentence for felony murder.

Richard W. Tome v. State of Indiana (NFP)
61A05-1307-CR-324
Criminal. Affirms sentence following open plea of “guilty but mentally ill” on four counts of Class B felony criminal confinement.  

Miguel A. Lazcano v. State of Indiana (NFP)
49A02-1311-CR-914
Criminal. Affirms trial court order reducing bond to $170,000.

The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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