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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 Snyder filed a lawsuit after he was turned away from the polls because his registration had been revoked while he was incarcerated.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. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

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  3. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  4. JLAP and other courtiers ... Those running court systems, have most substance abuse issues. Probably self medicating to cover conscience issues arising out of acts furthering govt corruption

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

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