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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 Snyder filed a lawsuit after he was turned away from the polls because his registration had been revoked while he was incarcerated.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. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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