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Opinions March 14, 2011

March 14, 2011
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7th Circuit Court of Appeals
In Re: Gerald W. Davis Jr.; Linda Reeves v. Gerald W. Davis Jr.
10-2757
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane Magnus-Stinson.
Civil. Affirms District Court’s affirmation of the bankruptcy court ruling that Davis’ debt owed to Reeves was dischargeable. There was no finding of fraudulent intent on Davis’ part, as is required for the application of 11 U.S.C. Section 523(a)(2) to prevent Davis’ debt to Reeves from being dischargeable. The decision in United States v. Childs forecloses a challenge to the reasonableness of the traffic stop.

United States of America v. Willie McBride a/k/a William Reo Davis
10-2094
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Criminal. Affirms denial of motion to suppress following a traffic stop. The police officer did not violate McBride’s rights under the Fourth Amendment by detaining him beyond the time needed to complete the traffic stop.

Rex M. Joseph Jr., trustee of the bankruptcy estate of Timothy Wardrop v. Elan Motorsports Technologies Racing Corp.
10-1420
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Larry J. McKinney.
Civil. Reverses decision of District Court to not allow an amended complaint naming Elan Inc., not Elan Motorsports Technology Racing Corp., as the defendant with relation back to the date of the original complaint filed by Wardrop. On remand, the judge will have to decide whether the difference in the amended complaint as compared to the original warrants rejection of it.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Phillip Forman, et al. v. Western Reserve Mutual Casualty Company, et al.
33A01-1007-CT-343
Civil tort. Grants rehearing after trial court certified case for interlocutory appeal. Affirms summary judgment for Western Reserve Mutual Casualty Co. on the issue of whether it has a duty to defend Wayne Penn, Lisa Orr, and Bradley Orr in a suit filed by Forman after he was injured after taking some of Lisa’s prescribed methadone. The language of the policy is clear that Forman’s injury is excluded from liability coverage.

Term. of Parent-Child Rel. of C.D. and K.D.; R.D. v. IDCS (NFP)
79A02-1008-JT-943
Juvenile. Affirms involuntary termination of parental rights.

James Larkin v. State of Indiana (NFP)
89A01-1007-CR-367
Criminal. Affirms aggregate sentence of 60 years, reverses the order that Larkin serve all 60 years as executed time in the Department of Correction and remands with instructions to issue an amended sentencing order and any other documents or chronological case summary entries necessary to impose a total sentence of 60 years with 50 years executed and 10 years suspended to probation. Judge Riley dissents.

City of Peru, et al. v. Matthew and Tracy Lewis (NFP)
85A04-1010-CT-611
Civil tort. Reverses denial of the City of Peru and other defendants’ motion for summary judgment regarding a negligence action brought by the Lewises. Remands with instructions to enter summary judgment in favor of the city defendants.

Teri and Robert Steinborn v. LaPorte County Board of Zoning Appeals, et al. (NFP)
46A04-1010-PL-657
Civil plenary. Affirms trial court ruling affirming the decision of the LaPorte County Board of Zoning Appeals that granted a special exception to Horvath Towers.

Donald King v. State of Indiana (NFP)
58A01-1007-CR-363
Criminal. Affirms revocation of probation.

Terry Lee Krzeminski v. State of Indiana (NFP)
76A03-1007-CR-390
Criminal. Affirms conviction of Class B felony possession of a firearm by a serious violent felon.

Sonya Barger v. State of Indiana (NFP)
49A04-1007-CR-435
Criminal. Affirms revocation of probation.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  2. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  4. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

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